Beaulieu and Treasury Board (Justice Canada)


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

Subject terms:

Remuneration - Excluded employee - Jurisdiction - Procedure - Conflict of interest - the grievor, a lawyer, filed a grievance alleging that the freeze on her rate of pay under the Public Sector Compensation Act was unlawful - the grievor argued that unionized lawyers in the public service were not subject to the freeze and that it amounted to discrimination - as a remedy, she requested the pay increases to which she would have been entitled had it not been for the Public Sector Compensation Act - prior to the hearing, the employer objected that the Board had no jurisdiction to appoint an adjudicator in the case because the grievor was not subject to a collective agreement - 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 the pay grievance to adjudication, he did not have the necessary jurisdiction to dispose of it.

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-90-97 and A-99-97).