Bramall v. Canada ( Commissioner of the Royal Canadian Mounted Police )
T-792-98
Lutfy J.
4/2/99
7 pp.
Applicant seeking standby compensation-Applicant, member of Informatics Branch, required to carry pager and drive RCMP van home for rapid response when Special Emergency Response Team (SERT) called into action-Operative threshold for standby status in RCMP administration manual, s. H.8.a.2: member on standby when ordered to remain available and to respond immediately to duty requirement-In each instance, determination to be made whether factual circumstances meet test and constitute, at least implicitly, standby order-In December 1990, officer-in-charge of SERT (OIC SERT) issued verbal order cancelling standby status during meeting to which applicant not invited-Applicant's supervisor did not cancel his standby status at same time as cancellation order by OIC SERT-Applicant arguing job description requirement to carry pager and use RCMP van to travel home must be read as standby order and entitled to compensation therefor-Application dismissed-Level II Adjudicator correctly understood appropriate test: once standby order for SERT rescinded, no need for applicant to remain on standby, therefore, would only respond when SERT called out if available-Applicant's job description, requiring him to carry pager when off duty and return home with van, stated no standby compensation would be paid for this responsibility-Adjudicator's decision neither patently unreasonable nor based on erroneous finding of fact made in perverse or capricious manner-Even if matter one of mixed law and fact, where less curial deference appropriate, Court would not intervene as decision under review neither unreasonable nor clearly wrong.