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Canada ( Attorney General ) v. St-Laurent

T-2165-97

Dubé J.

17/6/98

8 pp.

Judicial review of adjudicator's decision respondent in fact presented grievance within meaning of Act and grievance presented within prescribed time limit, and could accordingly be referred to adjudication pursuant to Public Service Staff Relations Act, s. 92-Respondent, employee of Correctional Service Canada, to retire in November 1995-Due to workrelated accident, respondent trying to have departure date postponed-Respondent sending letters first to Warden of Institution, then to Deputy Commissioner of Service and lastly to Commissioner of Service-Request denied in all three cases-After refusal by Commissioner, respondent referring grievance to adjudication-Adjudicator holding letter to Deputy Commissioner constituted grievance-Respondent should not be deprived of right to present grievance for purely technical reasons-Even though letter not approved grievance form, letter gave all necessary information-Respondent accordingly exhausted remedies at three appropriate levels and presented substance of grievance to Adjudicator within time limit-Application dismissed-Public Service Staff Relations Act, R.S.C., 1985, c. P-35, s. 92.

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