Gingras v. Treasury Board (Citizenship and Immigration Canada)

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166-2-31001 (2002 PSSRB 46)
Gingras v. Treasury Board (Citizenship and Immigration Canada)

Before: M.-M. Galipeau
Appearances: R. Cochrane, for the Grievor; H. Newman, for the Employer
Decision rendered: May 7, 2002

Alleged discipline – Loss of foreign service premium – Wording of original grievance – Jurisdiction – the grievor was an immigration officer posted in Manila, Philippines – the employer recalled him to Ottawa, Ontario, prior to the end of his assignment – before leaving Manila, the grievor grieved his recall, alleging that it was "because of misconduct" – the grievor referred his grievance to adjudication on the basis of a disciplinary action resulting in a financial penalty – the employer objected to the adjudicator's jurisdiction to hear the grievance – it submitted, amongst other things, that the grievance did not allege a disciplinary action resulting in a financial penalty – it added that the grievance had not been dealt with on the basis of a disciplinary action – it submitted that the grievor was attempting to change the nature of his grievance at adjudication – the grievor responded that the employer knew that his early recall would make him lose his foreign service premium under the collective agreement – he added that the loss of a premium, if related to a disciplinary action, is a financial penalty – he submitted that the disciplinary aspect of the grievance had been discussed at the final level of the grievance process – the employer replied that the grievor had not raised the loss of his foreign service premium at the time at which he filed his grievance – the adjudicator found that the grievor did not have the benefit of a lawyer's or of his bargaining agent's advice when he filed his grievance – she found that he viewed his recall as being for disciplinary reasons – she further found that the absence of a mention of a financial penalty in the original grievance was not fatal to its adjudicability, as both parties knew that the grievor would lose his foreign service premium as a result of his recall – she was satisfied that the employer understood the nature of the grievance, considering that the issue of a financial penalty was discussed at the final level of the grievance process – objection dismissed.

Jurisdiction taken.

Case cited:	Massip v. Canada (Treasury Board) (January 11, 1985), A-183-84 (F.C.A.).