Cleary and Treasury Board (National Defence)

  • Before: R. Labelle
  • Appearances: D. Dagger, for the Grievor; L. Jeanes, for the Employer
  • Decision Rendered: 1996-05-29

An application for judicial review before the Federal Court has been dismissed (Court file: T-1533-96).

Subject terms:

Acting pay - Civilian employee performing the duties of a member of the military - grievor, who was classified at the EG05 level, was required to perform on an acting basis the duties of a position previously occupied by a Major - employer classified the position for the purpose of the acting assignment at the EG06 level and grievor was paid at the bottom of the salary range for that level - grievor sought to be paid at the top of the EG06 salary range for the duration of the acting assignment - evidence established that grievor substantially performed on an acting basis the duties of the position of a Major, apart from any military duties which were not a prerequisite as outlined in the statement of duties, and that the salary range for a Major exceeded that of the EG06 classification level - adjudicator concluded that grievor was entitled under the Master Agreement to acting pay as if he had been appointed to that higher classification level - adjudicator directed employer to compensate grievor, as he requested, at the top level of the EG06 classification for the duration of his acting assignment.

Grievance allowed.

Case cited: Francoeur (Court file T38295, F.C.T.D. unreported).