Piperni v. Canada ( Treasury Board )
T-1776-94
Nadon J.
20/12/95
11 pp.
Judicial review of investigator's decision lacked jurisdiction over applicant's deployment complaint referred to PSC pursuant to Public Service Employment Act, s. 34.4-Applicant appointed to position in Audit Division, Revenue Canada-Subsequently "on loan" to Appeals Division-Notified by letter of appointment to Appeals Division-Immediately writing memorandum indicating not interested in remaining permanently in Appeals Division-Subsequently notified transfer to Appeals Division would be for two-year term, following which might be rotated back to Audit Division-Term later extended for one year-Transferred back to Audit Division-Applicant filing complaint in respect of transfer back to Audit Division on ground "obliged" to be deployed and deployment in breach of Act-Director denied complaint-Complaint referred to PSC-Investigator holding no jurisdiction over transfer from Appeals Division to Audit Division as not deployment as applicant never leaving position in Audit Division-Public Service Employment Act, s. 2(1) defining "deployment" as "transfer of an employee from one position to another"-Applicant's substantive complaint that District Office deploying him without obtaining consent-Application allowed-(1) Transfer deployment-Applicant transferred from one position to another for indeterminate period, transfer not resulting in promotion or change of tenure-(2) Applicable legislation coming into force April 1, 1993-Applicant transferred back to Audit Division in April 1994-Provisions in force when applicant deployed-No retrospective application of Act involved-(3) S. 34.2(3) prohibiting deployment without employee's consent, unless agreement to deployment term or condition of employment of employer's current position-While applicant apparently consenting to deployment in memorandum objecting to appointment to Appeals Division, investigator must examine issue and make such findings as sees fit-Public Service Employment Act, R.S.C., 1985, c. P-33, ss. 2(2) (as am. by S.C. 1992, c. 53, s. 2 "deployment"), 34.1 (as enacted idem, s. 22), 34.2 (as enacted idem), 34.3 (as enacted idem), 34.4 (as enacted idem), 34.5 (as enacted idem), 34.6 (as enacted idem).