Francoeur v. Canada ( Attorney General )
T-382-95
Richard J.
16/2/95
11 pp.
Judicial review of decision resulting from grievance presented to adjudication under Public Service Staff Relations Act, s. 92-Grievance concerns interpretation of clause of Master Agreement between Treasury Board and Public Service Alliance-Although English version not containing same restrictions as French version, adjudicator decided not to take English version into consideration because of clear and precise language of French version-Adjudicator should have clarified potential ambiguity between English and French versions and attempted to discern common interpretation-Adjudicator should have interpreted clause in question having regard to other provisions of Master Agreement and Act so that entire Master Agreement forms logical whole-If there is difference between two versions, preference given to version which best achieves objectives of document, based on spirit, intention and true meaning- Apparent on reading clause in entirety we must consider duties of position, not of employee; acting employee therefore performs duties of another position and not of another employee-In case at bar, English version most faithful to scheme of agreement; effect of adjudicator's interpretation might be to require that individual contracts be drawn up between employee and employer every time employee transferred on acting basis to position outside bargaining unit-Decision of adjudicator set aside and matter referred back to Board for new decision-Public Service Staff Relations Act, R.S.C., 1985, c. P-35, s. 92 (am. by S.C. 1992, c. 54, s. 68).