McRae

Parties/Partis: James McRae v. Public Service Staff Relations Board

Court # Cour: A-721-76

Judgment/Jugement Date: 1977-04-25

The following are the reasons for judgment of the Court delivered orally in English by

PRATTE J.:

The argument of the applicant as we understand it, is based on the proposition that a civil servant who has been rejected during probation under section 28 of the Public Service Employment Act (see note 1 below) not only has the right to file a grievance against his rejection but is also entitled after the dismissal of his grievance, to an oral hearing before an adjudicator in order to contest the fact alleged as justification for the rejection. In other words, the applicant says that, contrary to what was alleged in the letter rejecting him, he was not incompetent and that he should have been given an opportunity to establish his competence before an adjudicator.

[note 1: R.S.C. 1970.c. P-32.]

In view of the decision of this Court in the Jacmain case (Attorney General of Canada v. P.S.S.R.B. [1977] 1 F.C. 91) this proposition appears to us to be without foundation and for that reason the application will be dismissed.