Cooper v. Treasury Bd., (1974) 5 N.R. 373 (FCA)

JudgeJackett, C.J., Pratte and Urie, JJ.
CourtFederal Court of Appeal (Canada)
Case DateNovember 06, 1974
JurisdictionCanada (Federal)
Citations(1974), 5 N.R. 373 (FCA)

Cooper v. Treasury Bd. (1974), 5 N.R. 373 (FCA)

MLB headnote and full text

Cooper v. Treasury Board

Indexed As: Cooper v. Treasury Board

Federal Court of Appeal

Jackett, C.J., Pratte and Urie, JJ.

November 6, 1974.

Summary:

This case arose out of the discharge of a civil servant because he was incapable of performing his duties. The civil servant was discharged pursuant to the provisions of the Public Service Employment Act. Prior to his discharge the civil servant appealed a recommendation for discharge to an appeal board appointed pursuant to the Public Service Employment Act. The appeal board dismissed the appeal by the civil servant after which the civil servant was discharged. The civil servant then filed a grievance pursuant to provisions of the Public Service Staff Relations Act. The employer successfully applied to the Public Service Staff Relations Board for an order that an adjudicator appointed under the Public Service Staff Relations Act did not have jurisdiction to hear the grievance of the civil servant because the civil servant was previously validly discharged pursuant to the Public Service Employment Act.

The Federal Court of Appeal affirmed the decision of the Public Service Staff Relations Board.

Note that a motion by the civil servant for leave to appeal to the Supreme Court of Canada was dismissed by the Supreme Court of Canada on February 3, 1975 by Laskin, C.J.C., Spence and Beetz, JJ. - see 1975 Bulletin of Proceedings taken in the Supreme Court of Canada at page 19.

Labour Law - Topic 9128

Public service labour relations - Jurisdiction - Adjudication of grievances by an adjudicator - A civil servant was discharged by the Public Service Commission because he was incapable of performing his duties - The civil servant unsuccessfully appealed to a board established by the Public Service Commission - The civil servant then filed a grievance pursuant to the provisions of the Public Service Staff Relations Act - The Federal Court of Appeal affirmed a decision of the Public Service Staff Relations Board that an adjudicator appointed under the Public Service Staff Relations Act had no jurisdiction to hear the grievance of the civil servant because the civil servant was previously validly discharged pursuant to the Public Service Employment Act.

Statutes Noticed:

Public Service Employment Act, R.S.C. 1970, c. P-32, sect. 31 [fn. 1].

Public Service Staff Relations Act, R.S.C. 1970, c. P-35, sect. 90(1) [para. 4]; sect. 91(1) [para. 5].

Counsel:

Philip L. Cooper, in person;

Harvey Newman, for the respondent.

This appeal was heard by the Federal Court of Appeal at Ottawa, Ontario on November 5 and 6, 1974. Judgment was delivered orally from the bench on November 6, 1974.

The judgment of the court was delivered by PRATTE, J.

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