Dufour v. Canada ( Attorney General )
T-423-95
Pinard J.
8/5/96
10 pp.
Application for judicial review of decision by member of Public Service Staff Relations Board-Applicant veterinarian in employ of Agriculture Canada at level VM-01-For number of months, working on acting basis as Veterinarian VM-02 two, three days a week-Presenting grievance contesting employer's decision to deny her acting pay for period in question-Under collective agreement, clause 46.09, employee performing duties of higher classification level entitled to receive acting pay as if appointed to that level provided performs those duties for ten (10) consecutive working days-Applicant submitting due to regularity of particular work, days, during period in question, of annual leave, sick leave, storm leave and reserved for professional training should all be considered days worked for establishing required number of consecutive working days-Application for judicial review dismissed-Judicial deference must be accorded to decisions of arbitrators interpreting collective agreements even in absence of privative clause-Adjudicator's interpretation that days of leave other than days designated paid holidays, like days worked in substantive position, not included in establishing qualifying period not unreasonable.