Malcolm, Re, (1976) 15 N.B.R.(2d) 356 (QB)
Judge | Stevenson, J. |
Court | Court of Queen's Bench of New Brunswick (Canada) |
Case Date | May 10, 1976 |
Jurisdiction | New Brunswick |
Citations | (1976), 15 N.B.R.(2d) 356 (QB) |
Malcolm, Re (1976), 15 N.B.R.(2d) 356 (QB);
15 R.N.-B.(2e) 356; 18 A.P.R. 356
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Re Malcolm
Indexed As: Malcolm, Re
Répertorié: Malcolm, Re
New Brunswick Court of Queen's Bench
Stevenson, J.
June 14, 1976.
Summary:
Résumé:
This headnote contains no summary.
Labour Law - Topic 9128
Public service labour relations - Grievances - Matters referable to adjudication - Jurisdiction of adjudicators - Public Service Labour Relations Act, s. 92(1) - What constitutes "disciplinary action resulting in a . . . financial penalty" - Employees of the Department of Agriculture of the Province of New Brunswick claimed that they were denied pay increments and cost of living increases which were given to most employees - An adjudicator refused to take jurisdiction pursuant to s. 92(1) of the Public Service Labour Relations Act - The New Brunswick Court of Queen's Bench set aside the adjudicator's decision and held that the employees were entitled to refer their claims to adjudication because the alleged losses resulted in a financial penalty within the meaning of s. 92(1) of the Public Service Labour Relations Act.
Words and Phrases
Disciplinary action - The New Brunswick Court of Queen's Bench discussed the meaning of the words "disciplinary action" as found in s. 92(1) of the Public Service Labour Relations Act, R.S.N.B. 1973, c. P-25.
Words and Phrases
Financial penalty - The New Brunswick Court of Queen's Bench discussed the meaning of the words "financial penalty" as found in s. 92(1) of the Public Service Labour Relations Act, R.S.N.B. 1973, c. P-25.
Words and Phrases
Penalty - The New Brunswick Court of Queen's Bench discussed the meaning of the word "penalty" as found in s. 92(1) of the Public Service Labour Relations Act, R.S.N.B. 1973, c. P-25.
Section 92(1) of the Public Service Labour Relations Act stated:
"92(1) Where an employee has presented a grievance up to and including the final level in the grievance process with respect to
(a) the interpretation or application in respect of him of a provision of a collective agreement or an arbitral award, or
(b) disciplinary action resulting in discharge, suspension or a financial penalty,
and his grievance has not been dealt with to his satisfaction, he may, subject to subsection (2), refer the grievance to adjudication."
Statutes Noticed:
Public Service Labour Relations Act, R.S.N.B. 1973, c. P-25, sect. 92(1) [see above].
Counsel:
Applicants appeared in person;
David M. Norman, for the Treasury Board.
This application was heard in chambers by Stevenson, J., at Fredericton, N.B., on May 10, 1976. The judgment of the Queen's Bench Division was delivered by Stevenson, J., on June 14, 1976.
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Malcolm, Re, (1977) 17 N.B.R.(2d) 137 (CA)
...by the employees to the New Brunswick Court of Queen's Bench, the appeal was allowed and the adjudicator's decision was set aside - see 15 N.B.R.(2d) 356. The New Brunswick Court of Queen's Bench held that the employees were entitled to refer their claims to adjudication because the alleged......
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Malcolm, Re, (1977) 17 N.B.R.(2d) 137 (CA)
...by the employees to the New Brunswick Court of Queen's Bench, the appeal was allowed and the adjudicator's decision was set aside - see 15 N.B.R.(2d) 356. The New Brunswick Court of Queen's Bench held that the employees were entitled to refer their claims to adjudication because the alleged......