Board did not have jurisdiction to hear applicant’s grievance

PUBLIC SERVICE

Board did not have jurisdiction to hear applicant’s grievance

Applicant grieved competition for Parole Officer position. Grievance alleged that employer violated s. 5 of Public Service Employment Act (Can.) (“PSEA”); Article 37 of applicant’s collective agreement (non-discrimination clause); and Employment Equity Act (Can.). By time grievance was adjudicated, applicant indicated he was only seeking declaration that employer violated non-discrimination clause of his collective agreement and Canadian Human Rights Act (“CHRA”), as well as damages for that violation. Employer objected to jurisdiction of Public Service Labour Relations Board to hear grievance. Board dismissed applicant’s grievance on grounds that it did not have jurisdiction to hear grievance, pursuant to s. 208(2) of Public Service Labour Relations Act (Can.) (“PSLRA”). Application for judicial review was dismissed. Board was correct to find that it did not have jurisdiction to hear applicant’s grievance. Section 208(2) of PSLRA clearly precluded presentation of grievance where another administrative procedure for redress was provided under another PSLRA of Parliament other than CHRA. Facts giving rise to applicant’s grievance related to staffing appointment. Section 8 of PSEA, which was in force at time of applicant’s grievance, granted exclusive authority over appointments to Public Service Commission. Section 21 of PSEA granted unsuccessful candidates right to appeal any appointment decision to commission. It was this process - appeal under s. 21 of PSEA that applicant should have pursued for redress in relation to employer’s appointment decision.

Brown v. Treasury Board (Correctional Service of Canada) (Oct. 20, 2011, F.C., Kelen J., File No. T-1851-09) 208 A.C.W.S. (3d) 323 (14 pp.).