A-459-80
The Queen (Applicant)
v.
Public Service Alliance of Canada (Respondent)
Court of Appeal, Thurlow C.J., Ryan J. and
MacKay D.J.—Ottawa, January 21, 1981.
Judicial review — Public Service — Labour contract —
Clause in collective agreement included by Arbitration Board
under "severance pay" — Clause providing for payments in
addition to regular pay of employees on their release —
Whether Board had jurisdiction to make the award in view of
s. 70(1) of the Public Service Staff Relations Act — Also,
whether the Board had jurisdiction to deal with "Bilingual
Differential" in view of s. 70(1) — Public Service Staff Rela
tions Act, R.S.C. 1970, c. P-35, s. 70(1) — Public Service
Employment Act, R.S.C. 1970, c. P-32, s. 31 — Federal Court
Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 28.
R. v. Public Service Alliance of Canada [1980] I F.C.
801, distinguished.
APPLICATION for judicial review.
COUNSEL:
R. Cousineau for applicant.
C. H. MacLean for respondent.
M. I. Wexler for Professional Institute of the
Public Service of Canada.
SOLICITORS:
Deputy Attorney General of Canada for
applicant.
Nelligan/Power, Ottawa, for respondent.
M. I. Wexler, Ottawa, for Professional Insti
tute of the Public Service of Canada.
The following are the reasons for judgment of
the Court delivered orally in English by
THURLOW C.J.: We are all of the opinion that
the Arbitration Board properly concluded that its
jurisdiction under subsection 70(1) of the Public
Service Staff Relations Act, R.S.C. 1970, c. P-35,
to deal with "rates of pay ... and other terms and
conditions of employment directly related thereto"
included jurisdiction to include in the collective
agreement, as part of the provisions for what is
referred to as "severance pay", the clause num
bered 23.04 providing for payments in addition to
the regular pay of employees on their release from
employment pursuant to section 31 of the Public
Service Employment Act, R.S.C. 1970, c. P-32. As
we view it, what the clause provides is for a further
payment to the employee on his release of an
amount he is considered to have earned by his
performance of the duties of his employment. We
are also of the opinion that the Board correctly
distinguished the decision of this Court in the
earlier case of The Queen v. Public Service
Alliance of Canada [1980] 1 F.C. 801, on the
ground that it dealt with a particular situation in
which, as found by the Court, the substance of the
payment called severance pay was not pay for
services rendered but compensation in respect of
the non renewal of a term position.
With respect to the clause entitled "Bilingual
Differential", we are of the opinion, as indicated in
the course of the argument, that this falls well
within the authority of the Board under subsection
70(1) to deal with rates of pay for positions of the
class designated as required to be filled by persons
who have the requisite skill in both official
languages.
The application therefore fails and will be
dismissed.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.