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2000 PSSRB 72
Leave entitlements — Ships' Officers — Lay-day system — Jurisdiction — Functus officio
In an earlier decision the adjudicator had found that a new provision in the collective agreement doubled the leave credits for employees on the lay-day system: (1999) 36 PSSRB Decisions 19 — accordingly, she allowed the grievor's grievance but she retained jurisdiction in case the parties encountered any difficulty in implementing her decision — the grievor alleged that the employer had not properly implemented the decision — the employer claimed that this was in reality a new grievance and therefore the adjudicator had no jurisdiction to deal with it — in the alternative, the employer alleged that this was an alleged refusal on its part to implement the decision and should more properly be the subject of a complaint under paragraph 23(1)(c) of the Public Service Staff Relations Act — the adjudicator found that she had retained jurisdiction in case the parties encountered any difficulty in implementing her decision and that was exactly what had occurred — accordingly, it was then necessary for her to particularize the remedy owed to the grievor, which she proceeded to do.
Directions given.Cases cited: Vaughan (166-2-28296).