Estwick and Quintilio v. Treasury Board (Correctional Service of Canada)
2006 PSLRB 14
- Before: D.R. Quigley
- Decision Rendered: 2006-02-09
- Original Language: English
An application for judicial review before the Federal Court has been dismissed (Court file: (T-424-06) (2007 FC 894).
Employee status – Jurisdiction
In January 2001, the grievors were offered three-month contracts to work as Sex Offender Co-Facilitators at the Correctional Service of Canada (CSC) – their contracts were renewed on a number of occasions, up to July 1, 2003 – the grievors worked among the regular employees and were supervised as such – the Canada Customs and Revenue Agency, as it was then known, determined that the grievors were employees for the purposes of the Employment Insurance Act and the Canada Pension Plan – the CSC terminated the grievors’ contracts as of May 9, 2003 – the grievors requested to be reinstated in their positions – the adjudicator found that the grievors were not employees for the purposes of the Public Service Staff Relations Act – there was no evidence that the grievors had been appointed to positions in the Public Service in accordance with the statutory staffing framework applicable to the CSC – the adjudicator found that he had no jurisdiction to entertain the merits of the grievances.