Public Service
Labour Relations
Grievances—judicial review of decision denying applicants’ grievances challenging appointment without competition of respondent as Team Leader at tax services office of Canada Revenue Agency (Agency)—Public Service Labour Relations Act, S.C. 2003, c. 22, s. 208(2) precluding applicants from presenting grievances if another recourse available under any Act of Parliament—Here, recourse available under Staffing Program implemented by Agency pursuant to Canada Revenue Agency Act, S.C. 1999, c. 17, s. 54—That Program complete code governing staff recourses for Agency’s employees—Parliament intending to provide Agency with exclusive authority to create regime to deal with all staffing matters—Applicants had to file application for judicial review rather than grievance to challenge appointment—Application dismissed.
Johal v. Canada (Revenue Agency) (T-540-08, 2008 FC 1397, Frenette J., judgment dated December 18, 2008, 13 pp.)