Hunt and Treasury Board (Transport Canada)

166-2-27180

  • Before: Y. Tarte
  • Appearances: Decided without an oral hearing
  • Decision Rendered: 1997-08-13

Subject terms:

Grievance procedure – Termination (disciplinary) – Medical retirement – Long-term disability – Employee status – Jurisdiction – the grievor filed two grievances relating to the interpretation of the collective agreement and a third one against the refusal of the insurer to continue to pay him long-term disability benefits – the grievor had been on long-term disability for two years – at the expiration of that period, the insurer refused to provide him with further benefits – four months later, Health Canada declared the grievor to be permanently unfit for any work – the grievor then applied for medical retirement – just before referring his grievances to adjudication, the grievor alleged that they really arose out of a disguised disciplinary termination – the employer objected to the adjudicator's jurisdiction to hear the grievances – the employer argued that, as the grievor was a former employee when the grievances were filed, he was not an employee within the meaning of the Public Service Staff Relations Act (PSSRA) – the employer added that the two grievances relating to the interpretation of the collective agreement had been referred to adjudication without the consent of the grievor's bargaining agent – the employer alleged that the adjudicator lacked jurisdiction to entertain the grievance against the refusal of the insurer to continue paying long-term disability benefits – the employer submitted finally that the grievor could not change the subject of his grievances once the employer had replied to them – the grievor argued that the insurer's refusal to continue paying him long-term disability benefits was inconsistent with the conclusions reached by Health Canada – the grievor alleged that, as he was receiving no income from either the employer or the insurer, he had no choice but to seek medical retirement, which amounted to a disguised disciplinary termination – the adjudicator found that the PSSRA allowed the grievor to file his grievances, even if he was no longer an employee when he did it – the adjudicator found that, with regard to the grievances relating to the interpretation of the collective agreement, he had no jurisdiction, as these grievances were not supported by the bargaining agent – the adjudicator decided that he also lacked jurisdiction to entertain the grievance relating to the insurer's decision – the adjudicator finally stated that the grievor was not allowed to change the nature of his grievances immediately prior to referring it to adjudication.

Grievances denied.

Cases cited: The Queen v. Lavoie, [1978] 1 F.C. 778; Gloin v. Attorney General of Canada, [1978] 2 F.C. 307; Burchill v. Attorney General of Canada, [1981] 1 F.C. 109.