Nygren v. Canada
T-853-96
Hargrave P.
17/1/97
6 pp.
Motion to strike-Statement of claim alleging constructive dismissal-Plaintiff claiming severance pay, outstanding unpaid overtime, travel time, classification grievance, relocation expenses, and for mental stress deliberately inflicted-Tort claim for mental stress deliberately inflicted not plainly and obviously futile-PSEA, s. 24 providing tenure of office of employee during pleasure-In absence of special circumstances, remedies of dismissed public servant lie elsewhere, not in actions for wrongful dismissal: Ricafort v. Canada (Treasury Board) (1988), 24 F.T.R. 200 (F.C.T.D.)-Plaintiff's situation not special circumstance except to extent claim contractual-Grievance procedure under PSSRA not available to plaintiff as in managerial position-Plaintiff not claiming strictly for wrongful dismissal, but for contractual relief i.e. liquidated amount of severance pay-"Damages for wrongful dismissal" struck from prayer for relief-Claims for overtime, travel, outstanding grievance also liquidated claims appearing to be contractual in nature-Not plain and obvious will not succeed-Paragraph referring to relocation costs and related claim for relief struck out as not arising from contractual entitlement, but as incident of wrongful dismissal-Such loss, subject to contractual provision, hazard of employment at Crown's pleasure for which no common law remedy-Leave granted to amend to clarify only contractual severance pay sought-Public Service Employment Act, R.S.C., 1985, c. P-33, s. 24-Public Service Staff Relations Act, R.S.C., 1985, c. P-35, s. 2-Federal Court Rules, C.R.C., c. 663, R. 419.