Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats. Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving.
2005 PSLRB 173
An application for judicial review before the Federal Court has been dismissed (Court file: T-17-06) (2007 FC 235).
Termination (non-disciplinary) -- Incapacity -- Revocation of Security Clearance -- Requirements of Just Cause
The grievor held an indeterminate position with Industry Canada as an IS-05 -- the grievor was offered and accepted the equivalent position at the Privy Council Office (PCO) and was advised that she would be put into an acting IS-06 position -- both the IS-05 and IS-06 positions at PCO required a secret clearance, which the grievor was granted upon her arrival there -- the grievor was later advised that a mistake had been made and the PCO had applied for a “top secret” clearance for her -- as a result of the Canadian Security Iintelligence Service investigation, the “top secret” clearance was denied and the grievor’s secret clearance was revoked -- the grievor was placed on leave without pay and subsequently terminated -- the Treasury Board’s Security Policy requires that, prior to termination, consideration be given to reassigning employees in such circumstances to other positions unless there are exceptional circumstances -- the employer argued at the hearing that exceptional circumstances existed as the grievor presented a threat to the security of the country due to concerns about her loyalty to Canada -- all positions at PCO required secret clearance as a minimum -- the PCO made no attempt to find positions for the grievor outside the department -- the employer argued that its obligation to search for other positions was limited to within the department, pursuant to the Federal Court’s decision in Singh -- the bargaining agent argued that the obligation to search for positions extended beyond the department -- the bargaining agent argued that, because the employer did not meet its obligation to search for other positions, it did not meet the standard required to establish just cause -- the adjudicator held that, under Singh, the obligation to search for alternate positions rested with the Treasury Board, not the deputy head of the department -- the adjudicator held that the employer did not produce any evidence of an “exceptional circumstance” -- a finding of concern regarding a person’s loyalty is not enough, otherwise “exceptional” would be devoid of any meaning -- the adjudicator held that because the obligation to search for positions beyond just the department was not met, the employer did not establish just cause -- the adjudicator ordered that the employer should conduct a diligent search for two months and that the grievor should be reinstated to her leave with pay status until the search is completed.
Grievance allowed in part.