Beaulieu and Treasury Board (Justice Canada)

166-2-27315

  • Before: Y. Tarte
  • Appearances: Mavrikakis, for the Grievor; C. Bureau, for the Employer
  • Decision Rendered: 1997-01-10

Subject terms:

Grievor alleging breach of professional ethics by her supervisor - Excluded employee - Jurisdiction - Procedure - Conflict of interest - the grievor, a lawyer, filed a grievance alleging that her supervisor had provided a client with a legal opinion contrary to the opinion the grievor had already provided in the same case - prior to the hearing, the employer objected that the Board had no jurisdiction to appoint an adjudicator in the case because the circumstances were not such as to give it jurisdiction - at the outset of the hearing, the grievor asserted that the employer's representative was in a conflict of interest situation because she was involved in a similar case relating to the remuneration of public servants - the employer's representative argued that the conflict of interest issue could not be raised in this case and should instead be raised in the other case and that, in any event, she would withdraw from this case if it were ever heard on the merits - the adjudicator ruled that since the employer intended only to make its objection as to jurisdiction at the hearing and not to debate the merits of the case, its representative could not be in a conflict of interest situation - the adjudicator found that since the grievance did not relate to a disciplinary measure and since the grievor was not subject to a collective agreement and therefore could not refer a grievance concerning a contravention of a collective agreement to adjudication, he did not have the necessary jurisdiction to dispose of the grievance.

Grievance denied.*

* An application to the Federal Court of Canada by the Grievor under the Federal Court Act to have the Board's decision set aside is pending (Court File Nos. A-96-97 and A-100-97).