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Wolfe and Treasury Board (National Defence)
Before: B. Turner
Appearances: K. Banks, for the Grievor; H. Newman, for the Employer
Decision rendered: May 4, 1998
Work Force Adjustment Directive - Payment in lieu of unfulfilled surplus status - Departure incentive - Civilian Reduction Program - Early Departure Incentive - Early Departure Incentive Program Order - Paragraph 7.1(2)(b) of the Public Sector Compensation Act - the grievor, a university teacher, was declared surplus pursuant to the Work Force Adjustment Directive and was later offered, and accepted, a departure incentive under the Civilian Reduction Program (CRP) - he filed a grievance against the employer's decision not to award him payment in lieu of unfulfilled surplus status (PIL) - the employer argued that the Public Sector Compensation Act (PSCA) and the Early Departure Incentive Program Order (EDI Order) precluded awarding PIL in the grievor's circumstances - the adjudicator found that the grievor became subject to the EDI Order by effect of paragraph 7.1(2)(b) of the PSCA and that the departure incentive he had received under the CRP was to be considered as an early departure incentive pursuant to the EDI Order, which made him ineligible for PIL.