PUBLIC SERVICE |
Labour Relations |
Elmore v. Canada (Attorney General)
T-66-99
Rouleau J.
25/1/00
11 pp.
Application for judicial review of decision by Deployment Investigator declining jurisdiction to deal with complaint filed by applicant as action taken by Department of Public Works and Government Services not deployment--Applicant appointed in November 1987 to position of Civil Technologist at EG-6 group and level in Winnipeg (substantive position)--Entered into 18-month secondment agreement from position to take up duties of Project Officer at Department of Indian and Northern Development (DIAND)-- Public Works reorganizing structure to improve service to clients--Applicant's substantive position integrated into new organization as part of Architectural and Engineering Resources Group--Applicant requesting to be returned to substantive position by May 1, 1998, but request refused as needed at DIAND--Internal grievance filed by applicant denied at first level--Deployments dealt with in Public Service Employment Act--Secondment agreement executed on September 8, 1995 bearing all indicia of assignment-- Reorganization of Real Property Services Branch, integration of applicant's position into new structure not giving rise to deployment--No transfer from position to another-- Investigator correct in concluding, although period in which applicant to serve in Indian and Northern Affairs Canada (INAC) extended well beyond original expectations, nothing to suggest it became indeterminate appointment to new position--Applicant not transferred to INAC, did not become permanent employee of either INAC or Client Service Units--No deployment--Application dismissed-- Public Service Employment Act, R.S.C., 1985, c. P-33.