FPSLREB Decisions

Grievance referred to adjudication

[1]   This decision concerns a grievance filed by Daniel Assh under section 92 of the Public Service Staff Relations Act.  The grievor had alleged that the employer prohibited the grievor from accepting a bequest by a former client, and that this action was disciplinary in nature and resulted in a financial penalty.

[2]   In a decision rendered on August 11, 2004 (2004 PSSRB 111), I allowed the grievance.

[3]   An application to review and set aside the decision was made to the Federal Court.  On May 24, 2005 (2005 FC 734), the Federal Court set aside the decision of August 11, 2004.  In its Analysis, the Court concluded that the grievance did not come within the scope of section 92 of the Public Service Staff Relations Act and, accordingly, that an adjudicator was without jurisdiction to hear the grievance.  The Court concluded at paragraph 17 of its decision as follows:

I will therefore order that the decision of the arbitrator of August 11, 2004 be quashed and the matter remitted back to the adjudicator for reconsideration in accordance with these reasons.

[4]   It should be noted that on April 1, 2005, the Public Service Labour Relations Act, enacted by section 2 of the Public Service Modernization Act, S.C. 2003, c. 22, was proclaimed in force.  Pursuant to section 61 of the Public Service Modernization Act, the reconsideration of the reference to adjudication must be dealt with in accordance with the provisions of the Public Service Staff Relations Act, R.S.C., 1985, c. P-35 (the "former Act").

Reasons

[5]   In light of the decision of the Federal Court, on reconsideration of the reference to adjudication, I am without jurisdiction to hear the grievance.

[6]   For all of the above reasons, I make the following order:

Order

[7]   The grievance is dismissed.

October 28, 2005.

Francine Chad Smith, Q.C.,
adjudicator