
2005 PSLRB 170
Collective agreement interpretation -- Entitlement to severance pay -- Grievor terminated for misconduct but eligible for and in receipt of pension under Public Service Superannuation Act (PSSA) -- Whether grievor entitled to receive severance pay for having retired -- ex gratia payment requested
The grievor was terminated for misconduct from his position at the Canada Customs and Revenue Agency (CCRA) -- his grievance against his termination was dismissed at adjudication -- the grievor also filed a grievance claiming entitlement to severance pay -- at the time of his termination, the grievor was eligible for and subsequently was in receipt of a monthly pension under the PSSA -- the grievor claimed that he was entitled to severance pay as the collective agreement provided for the payment of severance pay when, on retirement, an employee was entitled to a pension under the PSSA -- the adjudicator held that the provisions for severance pay in the collective agreement were comprehensive and exhaustive and severance pay was not included in the list of situations giving rise to payment -- the grievor had been terminated for misconduct and had not retired -- his entitlement to a pension under the PSSA was irrelevant -- the grievor did not meet the requirements enumerated in the collective agreement as it required an employee to be both retiring and entitled to an immediate annuity -- the fact that the grievor was not entitled to severance pay did not constitute being punished twice for the same incident -- the loss of an entitlement provided for in the collective agreement was a consequence of the termination and not a further punishment -- whether or not severance pay could be characterized as an earned benefit was irrelevant as the collective agreement was clear that it was not payable in cases of termination for misconduct -- the adjudicator found that he was without jurisdiction to order an ex gratia payment and he saw no extenuating circumstances which would justify such a recommendation.
Grievance dismissed.