Public Service Labour Relations Board
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Tipple v. Deputy Head (Department of Public Works and Government Services)

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2010 PSLRB 83
Before: D.R. Quigley
Decision Rendered: July 16, 2010
Original Language: English
An application for judicial review before the Federal Court has been allowed (2011 FC 762) (Court file: T-1295-10). A second application for judicial review before the Federal court has been allowed (2011 FC 762) (Court file: T-1315-10). The grievor has appealed Federal Court decision 2011 FC 762.
Termination (non-disciplinary) – Jurisdiction – Whether termination under the Public Service Employment Act (PSEA) – Remedy – Damages for lost wages – Damages for lost performance bonus – Damages for lost employee benefits – Damages for loss of reputation – Damages for psychological injury – Damages for obstruction of process – Interest

The grievor grieved the early termination of his three-year term – the deputy head objected to the jurisdiction of an adjudicator to hear the grievance, alleging that the termination was a layoff under the PSEA – the adjudicator found that he had jurisdiction because the deputy head’s contrived reliance on the PSEA was a sham or a camouflage – therefore, he found the termination unlawful – the adjudicator awarded damages for lost wages, lost performance bonus, lost employee benefits, loss of reputation and psychological injury, with interest – he further awarded damages for obstruction of process and retained jurisdiction to assess their value, should the parties fail to agree on them.

Grievance allowed in part.

Jurisdiction retained.