| Citation: |
Johal v. Canada (Revenue Agency), 2009 FCA 276, [2009] 4 F.C.R. D-18 |
A-25-09 |
Public Service
Labour Relations
Appeal from Federal Court decision (2008 FC 1397) denying judicial review of final level decision dismissing grievance against Canada Revenue Agency (CRA)—Issue whether appellants barred from presenting individual grievances under Public Service Labour Relations Act, S.C. 2003, c. 22 (PSLRA), s. 208(1) because CRA Staffing Program dealing with subject matter of grievance—Appellants had grieved CRA’s appointment of one of its employees without competition, saying that it was contrary to CRA’s Staffing Program—Whether CRA Staffing Program statutory procedure for redress for purpose of PSLRA, s. 208(2) precluding appellants from presenting grievance under s. 208(1)—English version of PSLRA, s. 208(2) ambiguous, but French version resolving ambiguity—Specific administrative recourse only barring employee from presenting grievance under s. 208(1) if recourse available to employee presenting grievance—Accordingly, appellants not barred by s. 208(2) from presenting grievance under s. 208(1)—Appeal allowed.
Johal v. Canada (Revenue Agency) (A-25-09, 2009 FCA 276, Evans J.A., judgment dated September 25, 2009, 18 pp.)