Nemours v. Deputy Head (Department of Veterans Affairs)
2009 PSLRB 47
- Before: Michele A. Pineau
- Decision Rendered: 2009-04-15
- Original Language: French
An application for judicial review before the Federal Court has been dismissed (2010 FC 158) (Court file: T-797-09). An appeal before the Federal Court of Appeal has been discontinued (Court file: A-103-10).
Termination of employment – Employee status – Definition of “employee” within the meaning of the Public Service Labour Relations Act (“the Act”) – Jurisdiction
The grievor grieved the termination of her employment – she had been hired on a continuing basis with the deputy head for over 13 years and had accumulated full-time, part-time and “oncall” terms of employment – the deputy head prematurely terminated her most recent term of employment, which was “oncall” – the deputy head objected that the adjudicator did not have jurisdiction to hear the grievance – the adjudicator concluded that the grievor was not an “employee” within the meaning of the Act because the grievor was an “oncall” employee when the deputy head terminated her employment and that she was not “. . . ordinarily required to work more than one third of the normal period for persons doing similar work” – the adjudicator also concluded that, under the circumstances, she did not have jurisdiction to order a remedy in equity since doing so would have the effect of amending the way that the Act defines “employees”.