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166-2-26927 and 26928
Rinaldi and Treasury Board (Canadian Space Agency)
Before: M.M. Galipeau
Appearances: P. Lesage, for the Grievor; R. Piché, for the Employer
Decision rendered: April 9, 1996
Jurisdiction - Reprimand - Layoff - Subsection 92(3) of the Public Service Staff Relations Act (PSSRA) - in an initial grievance, grievor alleged he had been unfairly reprimanded and removed from duty and that his position had been eliminated - in a second grievance, he alleged that his employment was terminated - employer raised preliminary objections to the effect that the first grievance had been submitted after the deadline and that neither reprimanding and removing the employee from his position, nor eliminating his position, are measures over which the adjudicator has jurisdiction - employer also maintained that the employee had not alleged in his grievances that disciplinary measures had been taken against him - as to the second grievance, employer claimed that this was a measure taken under the Public Service Employment Act and the adjudicator could not rule on the question since cases of this type of layoff cannot be sent for adjudication under subsection 92(3) of the PSSRA - employee's counsel asked adjudicator to rule on her jurisdiction with regard to subsection 92(3) of the PSSRA before hearing the evidence on its merits, maintaining that employer acted in bad faith - adjudicator decided that if proof of bad faith was made before her, subsection 92(3) did not constitute an impediment to her having jurisdiction - employer's attorney then stated that he would apply to the Federal Court to rule on the question of adjudicator's jurisdiction - adjudicator adjourned the proceedings to allow the Court to rule on the matter.