PUBLIC SERVICE |
Labour Relations |
King v. Canada (Attorney General)
T-1051-00
2001 FCT 1407, Simpson J.
20/12/01
10 pp.
Application for judicial review of Adjudicator's decision in respect of grievance presented by applicant under Public Service Staff Relations Act, s. 91--Applicant Customs Officer at Toronto's Pearson International Airport, also President of Toronto Local 0024, Customs and Excise Union Douanes Accise--Notice posted by applicant in workplace on May 28, 1997--On June 5, 1997, applicant received 10-day disciplinary suspension without pay--Revenue Canada alleging notice counselled illegal strike in violation of PSSRA, ss. 102(1), 103, PSAC Collective Agreement, art. M-15--S. 102 providing strikes not permitted when collective agreement in force--Applicant filing numerous grievances against Revenue Canada, complaint under PSSRA, s. 23-- Pursuing only grievance against suspension--Adjudicator considered whether notice counselled strike, concluded it did in advising "job action"--While not wrong to omit direct references to well-known statutory provisions, Adjudicator erred in law in failing to make findings, reach express conclusions about requirements of sections--Main point made in notice no items to be touched--If contents cannot be touched, only visual examination possible which is only kind of search notice mandated in absence of witness-- Adjudicator's decision incomplete as did not expressly reach conclusions about applicant's intention in context of union duties, meaning of output in customs context--Failure to deal with these considerations reviewable error--Application allowed--Public Service Staff Relations Act, R.S.C., 1985, c. P-35, ss. 23 (as am. by S.C. 1992, c. 54, s. 40), 91, 102 (as am. by S.C. 1992, c. 54, ss. 74, 78), 103.