Digests

Public Service

Labour Relations

Judicial review of decision by arbitration board (arbitrator) incorporating Article pertaining to reimbursement of professional registration fees in collective agreement—Before arbitrator, applicant objecting to this clause on basis contravening Expenditure Restraint Act, S.C. 2009, c. 2 (ERA), s. 393—Arbitrator refusing to address issue on basis mandate limited to terms of reference, which said nothing of the ERA’s application—Arbitrator wrongfully declining to exercise jurisdiction—Not open to arbitrator to decide not to apply mandatory legislative provisions—Proper recourse for Court to reach own decision rather than remitting matter back to adjudicator—ERA not prohibiting reimbursement of professional fees—Definition of “additional remuneration” in ERA not closed, extending not only to specific categories of payments, but also to payments “similar to” these categories—To constitute “additional remuneration” within meaning of ERA, s. 2, payment must be of same general nature, character as those enumerated in that provision—Payment stipulated in registration fees Article not of same general nature, character as allowance, bonus, differential, premium—It is a reimbursement, which is different from classes of payment discussed above representing additions to an employee’s basic pay—Reimbursement well-known, distinct type of payment—Had Parliament intended to cover such payment, it could easily have said so, but did not—Application dismissed.

Canada (Attorney General) v. Professional Institute of the Public Service of Canada (T-1191-09, 2010 FC 578, Tremblay-Lamer J., judgment dated May 27, 2010, 12 pp.)