Santawirya v. Deputy Head (Canada Border Services Agency)

2017 FPSLREB 10

  • Before:  David Olsen
  • Decision Rendered:  July 18, 2017
  • Original Language:  English

Subject terms:


Labour relations – Discrimination – Disability – Surplus priority – Preliminary objections – Jurisdiction of the Board – Former employee – Timeliness – Treasury Board as the employer

The grievor filed a grievance alleging that she was discriminated against based on disability when she self-referred as a surplus priority for a position in a different department – this decision addressed only the preliminary objections raised by the employer – one objection, which states that the Board does not have jurisdiction because this grievance concerns a staffing process, was dismissed because the Board does not lose jurisdiction when a labour relations entitlement to not be discriminated against occurs in a staffing context – another objection, which states that the grievance was not properly before the Board because the grievor was not an employee when it was filed, was dismissed because the incidents that gave rise to the grievance occurred while she was still an employee – another objection, which states that the Board should not hear the grievance because it was filed outside the time limit, was dismissed because the employer waived its right to address a timeliness issue when it failed to acknowledge or address the grievance – the final objection, which states that the grievor’s substantive attachment to her home department absolved the hiring department of responsibility to address the grievance, was dismissed by the Board by confirming that the Treasury Board is the employer (not the hiring department) and that the hiring department has the delegated responsibility to engage in accordance with the Work Force Adjustment Directive and the grievor’s substantive collective agreement.

Preliminary objections dismissed.