Francoeur and Treasury Board (Royal Canadian Mounted Police)

  • Before: Y. Tarte
  • Appearances: C. La Bissonnière, for the Grievor; R. Lafrenière, for the Employer
  • Decision Rendered: 1996-03-29

An application for judicial review before the Federal Court has been allowed (Court file: T-224-96).

Subject terms:

Acting pay - Evidence - Doctrine of res judicata- grievor, a compensation specialist, held a CR05 substantive position and claimed acting pay at the level of a Corporal in the Royal Canadian Mounted Police for a new position (F101) which she held on an acting basis - grievor had succeeded in receiving acting pay for carrying out the duties of a Sergeant in the past, after adjudication by the Board as reported at (1993) 24 PSSRB Decisions 22 - grievor's representative argued that the present dispute involved the same parties and a similar problem concerning the same collective agreement and that therefore the doctrine of res judicata applied in the instant case - adjudicator concluded that this doctrine need not be applied strictly in the area of staff relations in the federal public service and that in any event, in the instant case, the two disputes were presenting quite different questions - as to substance, the provision in the collective agreement providing for acting pay applies only to the duties of an "employee", which excludes its application to a member of the RCMP - adjudicator denied the grievance as reported at (1995) 27 PSSRB Decisions 26 - following application by employee under section 18.1 of the Federal Court Act, the Federal Court, Trial Division, quashed adjudicator's decision and asked adjudicator to render a new decision taking into account the Court's interpretation of the collective agreement's provision in question - given Court's directives, adjudicator allowed the grievance.

Grievance allowed.