PUBLIC SERVICE |
Labour Relations |
Elmore v. Canada (Attorney General)
A-54-00
Evans J.A.
1/12/00
4 pp.
Appeal from Motions Judge's decision ([2000] F.C.J. No. 119 (QL)) dismissing application for judicial review of deployment investigator's decision had no jurisdiction to hear appellant's complaint--Question whether assignment of different responsibilities to appellant, with his consent for period but subsequently extended unilaterally by employer, constituted "deployment" within Public Service Employment Act (transfer of employee from one position to another)--Deployment requiring employee's consent--In concluding investigator had not erred in finding appellant's assignment not deployment, Motions Judge stated secondment agreement bore all indicia of assignment in so far as transfer for 18-month period and thereafter temporary; agreement to effect at end of period of secondment, appellant would return to substantive position; appellant retained substantive position, continued to receive pay, benefits and conditions applicable to that group and level, and did not acquire tenure in position to which assigned; and appellant performed duties for department at same group and level as his substantive position (indicia derived from Roberts v. Canada (Attorney General) (1999), 238 N.R. 67 (F.C.A.))--Whether assignment also transfer calling for weighing of relevant factors which all pointed to conclusion no deployment herein--Fact consent obtained to original period of assignment not in itself indicating was being deployed--Public Service Employment Act, R.S.C., 1985, c. P-33.