Hanna and Treasury Board (Citizenship and Immigration Canada)

166-2-26983

  • Before: Y. Tarte
  • Appearances: Hanna, for the Grievor; R. Jaworski, for the Employer
  • Decision Rendered: 1996-06-24

Subject terms:

Jurisdiction - End of term contract - Sections 91 and 92 of the Public Service Staff Relations Act (PSSRA) - Meaning of "termination" in section 92 of the PSSRA - the grievor, along with several other employees, was employed for a specified term pursuant to a contract of employment - the contracts of employment for many of the term employees were extended while her's and that of others were not - by virtue of the Public Service Employment Act, she contested the procedure utilised to eliminate her candidacy, but to no avail - she maintained before the adjudicator that in its decision not to renew her term, the employer had discriminated against her contrary to the provisions of her collective agreement - the employer contested the jurisdiction of the adjudicator to entertain the grievance mainly on the basis that section 91 of the PSSRAwhich provides that an employee may present a grievance only in relation to any matter affecting his or her terms and conditions of employment "in respect of which no administrative procedure for redress is provided in or under an Act of Parliament" - the adjudicator noted that with regard to her claim of violation of collective agreement, the grievor had not obtained approval of her bargaining agent pursuant to section 92(2) of the PSSRA - he also found that the grievor's employment had come to an end as a result of the operation of the terms of her contract of employment and not as a result of a decision of the employer independent of the terms of the contract - accordingly, it could not be said that what had occurred was a "termination" as the word is used in section 92 - the selection process under the Public Service Employment Act cannot be the subject of a reference to adjudication pursuant the PSSRA.

Grievance denied.

Case cited: In Re: Public Service Staff Relations Act and Cooper, [1974] 2 F.C. 407 (C.A.).