Alford v. Yukon et al., (2006) 229 B.C.A.C. 151 (YukCA)

• Judge: Saunders, Smith and Thackray, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: June 01, 2006
• Jurisdiction: Yukon
• Citations: (2006), 229 B.C.A.C. 151 (YukCA);2006 YKCA 9

Alford v. Yukon (2006), 229 B.C.A.C. 151 (YukCA);

    379 W.A.C. 151

MLB headnote and full text

Temp. Cite: [2006] B.C.A.C. TBEd. AU.023

Dominic Alford (respondent/petitioner) v. Government of Yukon, as Represented by the Public Service Commission and Vincent L. Ready, Arbitrator (appellants/respondents)

(05-YU552; 2006 YKCA 9)

Indexed As: Alford v. Yukon et al.

Yukon Court of Appeal

Saunders, Smith and Thackray, JJ.A.

August 4, 2006.

Summary:

Alford, a probationary employee of the Government of Yukon and a member of a bargaining unit covered by a collective agreement, was dismissed from his employment. He both grieved and appealed his dismissal under the Yukon legislation and the collective agreement. An arbitrator held that he lacked jurisdiction to hear the grievance. Alford petitioned for judicial review. Yukon applied for an order dismissing the petition on the basis that Alford lacked standing to apply for judicial review.

The Yukon Supreme Court, in a decision reported at [2005] Yukon Cases (SC) 74; 2005 YKSC 74, dismissed the application. Yukon appealed.

The Yukon Court of Appeal allowed the appeal.

Labour Law - Topic 9302

Public service labour relations - Judicial review - General - Status or standing - A probationary employee of the Government of Yukon and a member of a bargaining unit covered by a collective agreement was dismissed from his employment - He both grieved and appealed his dismissal under the Yukon legislation and the collective agreement - An arbitrator held that he lacked jurisdiction to hear the grievance - The employee petitioned for judicial review - Yukon applied for an order dismissing the petition on the basis that he lacked standing to apply for judicial review - A chambers judge dismissed the application, holding that while the employee lacked the standing to apply for judicial review, he did have the standing where he had also appealed under s. 136 of the Public Service Act (PSA) - The Yukon Court of Appeal allowed an appeal - Probationary employees' rights were determined by the sections of Part 6 of the Public Service Staff Relations Act pertaining to them - The union had exclusive rights in relation to the advancement of issues to adjudication (arbitration) for all members of the bargaining unit including probationary employees to the extent the legislative scheme permitted - Section 136 did not provide a second avenue of complaint to the employee, separate and independent of his right to grieve under the authority of the union.

Cases Noticed:

Noël v. Société d'énergie de la Baie James, [2001] 2 S.C.R. 207; 271 N.R. 304; 2001 SCC 39, refd to. [para. 14].

St. Anne Nackawic Pulp & Paper Co. v. Canadian Paperworkers Union, Local 219, [1986] 1 S.C.R. 704; 68 N.R. 112; 73 N.B.R.(2d) 236; 184 A.P.R. 236, refd to. [para. 15].

Weber v. Ontario Hydro, [1995] 2 S.C.R. 929; 183 N.R. 241; 82 O.A.C. 321, refd to. [para. 15].

Rizzo & Rizzo Shoes Ltd. (Bankrupt), Re, [1998] 1 S.C.R. 27; 221 N.R. 241; 106 O.A.C. 1, refd to. [para. 17].

Authors and Works Noticed:

Driedger, Elmer A., Construction of Statutes (2nd Ed. 1983), p. 87 [para. 17].

Counsel:

P.A. Csiszar and Z. Brown, for the appellants;

T.S. Preston, Q.C., for the respondent.

This appeal was heard on June 1, 2006, at Whitehorse, Yukon, by Saunders, Smith and Thackray, JJ.A., of the Yukon Court of Appeal. The following decision was delivered at Vancouver, B.C., by Saunders, J.A., on August 4, 2006.