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PUBLIC SERVICE

Jurisdiction

Appeal from Federal Court decision (2006 FC 381) allowing application for judicial review of Adjudicator's decision appellant's termination of employment void ab initio—Grievance of "decision to terminate" employment denied—Prior to adjudication hearing, appellant raising preliminary objection as to violation of right under collective agreement to union representation—Adjudicator holding grievance broad enough to include challenge to validity of disciplinary action because of denial of contractual process—Federal Court holding grievance relating only to decision to terminate, could not be referred to adjudication under Public Service Staff Relations Act, R.S.C., 1985, c. P‑35, s. 92—Only those grievances presented to, dealt with by all internal levels of grievance process may be referred to adjudication—Wording of grievance not disclosing intention to allege rights to union representation under collective agreement violated—Appeal dismissed.

Shneidman v. Canada (Attorney General) (A‑169‑06, 2007 FCA 192, Sexton J.A., judgment dated 17/5/07, 13 pp.)

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