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166-2-30791 (2002 PSSRB 94)
Préville v. Treasury Board (Solicitor General Canada – Correctional Service)
Before: J.-P. Tessier
Appearances: Decided without an oral hearing
Decision rendered: October 30, 2002
Jurisdiction – Sick leave – Work-related injury – in October 1997, the grievor had an altercation with an inmate that degenerated into death threats by the inmate – the grievor was apparently traumatized and had to be absent from work using sick leave because Quebec's Commission de la santé et de la sécurité du travail (CSST) initially considered that this was not a work-related injury – the grievor filed a grievance challenging the employer's decision not to comply with Commissioner's Directive 252 (Assistance to employees following acts of violence) and related guidelines – the employer contested the jurisdiction of the Public Service Staff Relations Board to proceed with the grievor's challenge – the employer maintained that the grievor's "complaint" makes no reference to any provision of the collective agreement or any disciplinary measure imposed by the employer and that the adjudicator appointed by the Board had no jurisdiction to decide on the application of administrative directives that fall outside the collective agreement – the adjudicator found that he was unable to determine if the grievor was or was not accusing the employer of incorrectly applying the collective agreement and, more specifically, of not complying with clause 30.18 – the adjudicator's jurisdiction is restricted to dealing with grievances relating to a provision of the collective agreement, a provision of an arbitral award or a disciplinary measure resulting in termination, suspension or a financial penalty – the adjudicator concluded that he lacked jurisdiction to decide the grievor's claim.