| R.S., 1985, c.
P-35
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16. Section 91 of the Public Service Staff
Relations Act is amended by adding the
following after subsection (1):
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| Right of
employee
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(1.1) Subject to subsection (1.2) and for
greater certainty, where an employee feels
aggrieved as a result of any disciplinary action
against the employee resulting in a demotion,
suspension, termination of employment, fi
nancial penalty, loss of seniority, advance
ment or opportunity related to the employee's
employment on the grounds of having made a
report in good faith in accordance with section
4 of the Whistle Blowers Protection Act, the
employee is entitled to present a grievance
under subsection (1) at each of the levels, up
to and including the final level, in the
grievance process provided for by this Act.
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| Presumption
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(1.2) An employee who presents a griev
ance with respect to any disciplinary action
that, in the opinion of the employee, was taken
in the circumstances set out in subsection (1.1)
shall receive the benefit of the presumption set
out in subsection 8(2) of the Whistle Blowers
Protection Act.
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| 1992, c.
54,5.68
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17. (1) Subsection 92(1) of the Act is
replaced by the following:
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| Reference of
grievance to
adjudication
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92. (1) Where an employee has presented a
grievance, up to and including the final level
in the grievance process, with respect to
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(a) the interpretation or application in
respect of the employee of a provision of a
collective agreement or an arbitral award;
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(a.1) in the case of an employee who feels
aggrieved as a result of any disciplinary
action referred to in subsection 91(1.1) on
the grounds of having made a report under
section 4 of the Whistle Blowers Protection
Act, the disciplinary action;
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(b) in the case of an employee in a
department or other portion of the public
service of Canada specified in Part I of
Schedule I or designated pursuant to sub
section (4), any disciplinary action - other
than an action described in subsection
91(1.1) - against the employee resulting
in
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(i) suspension or a financial penalty or a
termination of employment, or
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(ii) a demotion referred to in paragraph
11(2)(f) or (g) of the Financial Adminis
tration Act, or
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(c) in any other case, disciplinary action
resulting in termination of an employment,
suspension or a financial penalty,
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and the grievance has not been dealt with to
the satisfaction of the employee, the employee
may, subject to subsection (2), refer the griev
ance to adjudication.
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(2) Section 92 of the Act is amended by
adding the following after subsection (4):
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| Presumption
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(5) An employee who refers to arbitration a
grievance with respect to any disciplinary
action that, in the opinion of the employee,
was taken in the circumstances set out in
subsection 91(1.1) shall receive the benefit of
the presumption set out in subsection 8(2) of
the Whistle Blowers Protection Act.
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18. Section 96 of the Act is amended by
adding the following after subsection (2):
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| Special
compensation
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(2.1) Where an employee has referred a
grievance under subsection 91(1.1) in relation
to a disciplinary action to an adjudicator, the
adjudicator may, if the adjudicator finds that
the employee has suffered in respect of
feelings or self-respect as a result of the
disciplinary action, and in addition to any
other order the adjudicator may make, order
the employer who took the disciplinary action
to pay such compensation to the employee,
not exceeding five thousand dollars, as the
adjudicator may determine.
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19. Section 114 of the Act is amended by
adding the following after subsection (1):
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| Annual report
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(1.1) The annual report shall include the
number of grievances presented at each level
in the grievance process under paragraph
92(1)(a.1).
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| Review after
four years
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20. (1) On the expiration of four years
after the coming into force of this Act, it
shall be referred to such committee of the
House of Commons as may be designated or
established to review its provisions.
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| Report to the
House of
Commons
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(2) The committee designated or estab
lished by the House of Commons for the
purposes of subsection (1) shall, as soon as
possible, undertake a comprehensive re
view of the administration and operation of
this Act and shall, within six months after
the review is undertaken or within such
further time as the House of Commons may
authorize, submit a report to the House of
Commons thereon including such recom
mendations pertaining to the continuation
of those provisions and the changes re
quired therein as the committee may wish to
make.
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| Transitional
provision
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21. Where grievance proceedings under
the Parliamentary Employment and Staff
Relations Act or the Public Service Staff
Relations Act are pending on the coming
into force of this Act, the proceedings shall
be dealt with and disposed of in accordance
with those Acts as if those Acts had not been
amended by this Act.
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