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166-2-30199 (2001 PSSRB 131)
Brushett v. Treasury Board (Department of Fisheries and Oceans)
Before: Y. Tarte
Appearances: M. Murray, for the Grievor; J. Champagne, for the Employer
Decision rendered: December 20, 2001
Jurisdiction – Pay – Annual leave – Management rights – the grievor was employed as a marine officer on board the CCGS CAPE ROGER – the employer placed the grievor on off-duty status during the refit of the CCGS CAPE ROGER, as the employer was unsuccessful in its attempt to find him an alternate assignment – the grievor utilized his annual leave credits to cover the period in question – the grievor claimed that the employer placed him on forced leave when it did not call him back to work during the refit period – the employer questioned the jurisdiction of an adjudicator to hear and determine the grievance, on the ground that the employer had the legal right to place the grievor on off-duty status during the refit period and was under no obligation to find him alternate employment – furthermore, the employer submitted that the grievor had not referred to the annual leave provisions of the collective agreement until he referred his grievance to adjudication – this constituted a change in the nature of the grievance, which was not permissible – the Chairperson found that this objection had no merit, as it was clear that the grievance, as filed, had always related to leave entitlements – furthermore, an adjudicator has jurisdiction to hear and determine the grievance which relates to pay and annual leave entitlements as set out in a collective agreement.
|Case cited:||P.S.A.C. v. Canada (Canadian Grain Commission) (1986), 5 F.T.R. 51 (F.C.T.D.).|