St. Aubin D'Ancey v. Canada
T-464-94
Cullen J.
31/10/96
7 pp.
Application for preliminary determination of question of law: whether Locally Engaged Staff Employment Regulations, s. 14 permitting plaintiff to receive more severance pay than in fact received and whether his notice period should have been assessed according to German law-After retiring from Armed Forces and while living in Canada, plaintiff hired as locally engaged civilian component employee with defendant at Headquarters, Canadian Forces Europe (HQ-CFE) at Lahr, Germany-Contract for employment until age 65: October 1997-In January 1993, plaintiff received official written notice of lay-off due to work force adjustment-Plaintiff had option of re-locating to France within 60 days or applying to German authorities to establish residence in Germany-In main action, plaintiff claiming as no cause for termination, entitled to compensation for all wages and value of all benefits until October 1997-Answer to question negative-Regulations distinguishing between "civilian component employees" and "employees"-Therefore, reference to "employee" in s. 14(1) and (2) not including "civilian component employees"-Accordingly, s. 14(1) and (2) do not apply to plaintiff and latter therefore not entitled to receive more severance pay than that received-Plaintiff's notice period need not have been assessed according to German law-Locally-Engaged Staff Employment Regulations, SOR/79-545, s. 14.