Longpré v. Treasury Board (National Defence)

166-2-31934 (2004 PSSRB 81)

  • Before: J.-P. Tessier
  • Appearances: Decision rendered without a hearing
  • Decision Rendered: 2004-07-05

Subject terms:

Termination of employment - Non-renewal of a term - Application to dismiss a grievance based on section 84 of the PSSRB Regulations and Rules of Procedure (1993) (Regulations) - Jurisdiction - Paragraph 92(1)(a) of the Public Service Staff Relations Act (PSSRA) - the grievor grieved the employer's refusal to renew her term employment - the employer objected to the jurisdiction of an adjudicator appointed under the PSSRA to hear the grievance and asked that the grievance be dismissed for lack of jurisdiction - the employer added that the non-renewal of a term of employment does not constitute a termination of employment within the meaning of section 92 of the PSSRA - the grievor replied that the employer's decision was abusive and made in bad faith - the Board concluded that recourse to the procedure stipulated in section 84 of the Regulations was not appropriate in the circumstances - accepting the facts alleged asestablished, based solely on the file before the Board, there was an arguable case that the grievance constituted an eligible grievance for referral to adjudication under paragraph 92(1)(a) of the PSSRA.

Application dismissed.

Cases cited: Gascon v. Treasury Board (Solicitor General of Canada - Correctional Service), 2000 PSSRB 68; Kehoe v. Treasury Board (Human Resources Development), 2001 PSSRB 9; Dansereau v. National Film Board, [1979] 1 F.C. 100 (C.A.); Vogan v. Treasury Board (National Defence), Board file no. 166-2-26900 (1996) (QL); Lecompte v. Treasury Board (Health Canada), Board file no. 166-2-28452 (1999) (QL); Marta v. Treasury Board (Royal Canadian Mounted Police), 2001 PSSRB 31.