Hureau v. Treasury Board (Department of the Environment)

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Full Text
2008 PSLRB 47
Before: Renaud Paquet
Decision Rendered: July 3, 2008
Original Language: English

Subject terms:

Collective agreement interpretation – Jurisdiction – Another administrative procedure for redress available – Negative references from supervisor – Whether grievance concerned staffing

The grievor’s application for a specified-term appointment was rejected – he did not obtain the required pass mark for personal suitability and effective interpersonal skills based on adverse references obtained from his supervisor during the assessment process – the grievor alleged that the employer had violated article 42 of the collective agreement – the employer objected to the jurisdiction of the Board to hear the grievance, alleging that it pertained to the staffing process – it argued that subsection 208(2) of the Public Service Labour Relations Act sets out a specific bar to the right of an employee to present a grievance related to a matter in respect of which an administrative procedure for redress is provided under any Act of Parliament – the adjudicator held that he had jurisdiction to hear the grievance but only as a possible violation of the collective agreement – while several of the requested corrective measures concerned staffing and were outside the Board’s jurisdiction, the grievance itself was not.

Objection dismissed.