PUBLIC SERVICE |
Jurisdiction |
Ryan v. Canada (Attorney General)
T-765-04
2005 FC 65, von Finckenstein J.
21/1/05
16 pp.
Judicial review of adjudicator's dismissal of grievance-- Applicant employee of Canadian Forces Base Halifax--In December 2001, issues related to labour, management becoming problem at base--Applicant designated as union representative who would work with Base Commander to improve situation--Robert Evans, Supply Operations Officer, in charge of approximately 190 employees at CFB Halifax suggested session be conducted to informally discuss harassment, facilitate resolution of disputes in workplace-- Applicant admitting did not formally advise Mr. Evans of attendance at meeting because union attendance discussed in e-mail with Base Commander, copied to Mr. Evans--Mr. Evans questioned applicant's presence upon arrival --Witnesses describing Evans as angry, frustrated--Meeting eventually proceeding with applicant present--Applicant filing grievance alleging violation of collective agreement, Art. 19, which addresses discrimination, interference, harassment--Mr. Evans admitting "not his finest hour"-- Adjudicator dismissing grievance on basis lapse of judgment, although unfortunate, not breach of collective agreement--As to standard of review, no privative clause in PSSRA but Public Service Staff Relations Board having unquestioned expertise which militates strongly in favour of deference-- Appropriate standard "patently unreasonable"--Public Service Staff Relations Act, s. 91 giving right to grieve provided no administrative procedure provided by "an Act of Parliament"--Specifically limiting relief under s. 91(1) to where no other avenue available--As far as allegations here concerned, avenue of "complaint" under s. 23, based on violation of s. 8, available, should have been used-- Adjudicator not having jurisdiction to hear grievance--As to merits, case involving one incident of inappropriate behaviour by Mr. Evans--Adjudicator concluding single incident showed lapse of judgment, but not amounting to harassment, interference with union activities, intimidation, restriction-- Not enough applicant felt harassed, interfered with, coerced, restricted--Objective assessment of situation, taking into account all of specific circumstances, required--Isolated incident occurring in context of meeting called by management to improve workplace relations to which union invited--Adjudicator's conclusion supportable on facts as found--Decision not patently unreasonable--Application dismissed--Public Service Staff Relations Act, R.S.C., 1985, c. P-35, ss. 8 (as am. by S.C. 1992, c. 54, s. 34(E)), 23 (as am. by S.C. 1992, c. 54, s. 40), 91, 92 (as am. by S.C. 1992, c. 54, s. 68).