Veilleux v. Spinks, (1987) 91 N.R. 55 (FCA)

• Judge: Urie, Mahoney and Desjardins, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: December 16, 1987
• Jurisdiction: Canada (Federal)
• Citations: (1987), 91 N.R. 55 (FCA)

Veilleux v. Spinks (1987), 91 N.R. 55 (FCA)

MLB headnote and full text

In The Matter Of an application to review and set aside, pursuant to section 28 of the Federal Court Act, R.S.C. 1970, chapter 1; And In The Matter Of a decision of the Public Service Staff Relations Board rendered by J. Maurice Cantin, Q.C., Vice-Chairman, on the 30th day of April, 1987 respecting a complaint made to the Board under section 20 of the Public Service Staff Relations Act (P.S.S.R.B. File No. 161-2-424) Gerard Veilleux (applicant) v. John H. Spinks (respondent)

(A-274-87)

Indexed As: Veilleux v. Spinks

Federal Court of Appeal

Urie, Mahoney and Desjardins, JJ.

December 16, 1987.

Summary:

Spinks grieved his dismissal and the Public Service Staff Relations Board ordered his reinstatement (see 79 N.R. 375). Spinks was not assigned to his previous position (it had been upgraded) but he was assigned to a job which was at his old level. Spinks filed a complaint that the employer failed to comply with the reinstatement order.

The Public Service Staff Relations Board upheld the complaint and ordered the Crown to reinstate Spinks. The Crown applied for judicial review.

The Federal Court of Appeal allowed the application and remitted the matter to the Board. The court stated that the Board was empowered to declare Spinks' rights but it could not order reinstatement (see paragraph 25).

Labour Law - Topic 9064

Public service labour relations - The board - Jurisdiction, reinstatement of employees - The Federal Court of Appeal held that the Public Service Staff Relations Board was empowered to declare that an employee was entitled to reinstatement but it could not order reinstatement.

Cases Noticed:

Canada (Treasury Board) v. Spinks and Threader (1987), 79 N.R. 375, refd to. [para. 1].

Kelso v. Canada, Government of, [1981] 1 S.C.R. 199; 35 N.R. 19, refd to. [para. 14].

Counsel:

Harvey A. Newman, for the applicant;

John P. Nelligan, Q.C., for the respondent.

Solicitors of Record:

F. Iacobucci, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the applicant;

Nelligan/Power, Ottawa, Ontario, for the respondent;

Public Service Staff Relations Board, Ottawa, Ontario, on its own behalf.

This application was heard by Urie, Mahoney and Desjardins, JJ., of the Federal Court of Appeal, at Ottawa, Ontario, on September 3, 1987.

The decision of the Court of Appeal was delivered on December 16, 1987, and the following opinions were filed:

Desjardins, J. - see paragraphs 1 to 24

Mahoney, J. - see paragraph 25.

Urie, J., concurred with Mahoney, J.