A-410-79
Jean -Lue Patenaude and Michel Letellier De
St-Just (Applicants)
v.
Mrs. J. A. Leduc and Claude Desnoyers
(Defendants)
and
Public Service Staff Relations Board and Deputy
Attorney General of Canada (Mis -en-cause)
Court of Appeal, Pratte and Le Dain JJ. and Hyde
D.J.—Quebec City, December 18, 1979.
Judicial review — Public Service — Acceptance or non-
acceptance of positions offered — Applicants accepted
employer's offer subject to their right to submit grievance —
Board erred in finding that applicants did not accept positions
offered them — Error vitiates Board's decision — Application
allowed, decision a quo quashed, and case referred back to
Board to be decided on basis that applicants, in law, accepted
outright the offers of employment — Federal Court Act,
R.S.C. 1970 (2nd Supp.), c. 10, s. 28.
APPLICATION for judicial review.
COUNSEL:
Michel Doyon and Hubert Pichet for appli
cants.
Robert Cousineau and Pierre Hamel for
defendants and mis -en-cause Deputy Attor
ney General of Canada.
SOLICITORS:
Garneau, Gauvin, Tourigny, Turgeon, For-
tier, Doyon & Associés, Quebec City, for
applicants.
Deputy Attorney General of Canada for
defendants and mis -en-cause Deputy Attor
ney General of Canada.
The following is the English version of the
reasons for judgment of the Court delivered orally
by
PRATTE J.: We are all of the opinion that the
decision a quo is based, at least in part, on the
view expressed by the majority of the Board that
applicants did not accept the positions that were
offered to them. We feel that this view is incorrect.
In the view of the Court, by accepting the employ
er's offer subject to their right to submit a griev
ance regarding the length of the probation period,
applicants accepted the offer outright. We are of
the opinion that the error committed by the Board
in this regard vitiates its decision, and this must
accordingly be quashed.
The application will therefore be allowed, the
decision a quo quashed and the case referred back
to the Board for it to be decided on the basis that,
in law, applicants must be regarded as having
accepted outright the offers of employment that
were made to them.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.