PUBLIC SERVICE
Practice
Judicial review of dismissal of grievance as filed outside 25-day time limit provided in P.S.S.R.B. Regulations and Rules of Procedure, 1993, SOR/93-348, s. 71(3)—Applicant notified of position reclassification in July 2002, but not filing grievance concerning acting pay until March 2005—Paragraph (j) of definition of “employee” in Public Service Staff Relations Act (PSSRA), R.S.C., 1985, c. P-35, s. 2 excluding persons in managerial positions from definition of employee—But definition of employee expanded in definition of “grievance” to include “person who would be an employee but for the fact that the person is a person described in paragraph . . . (j)”—Applying Interpretation Act, R.S.C., 1985, c. I-21, s. 15(2), definition of “grievance” interpretation provision to be construed as applying to all other enactments dealing with grievances by Public Service employees since no contrary intention in Act, Regulations—Applying Interpretation Act, s. 16, PSSRA, s. 100(1)(c) expanded definition of employees in definition of “grievance” applicable to Regulations, time limit in Regulations, s. 71(3) applies—Application dismissed.
Desloges v. Canada (Attorney General) (T-2044-05, 2007 FC 60, Teitelbaum J., order dated 23/1/07, 18 pp.)