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Bill C-239

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R.S., c. P-35

PUBLIC SERVICE STAFF RELATIONS ACT

16. Section 91 of the Public Service Staff Relations Act is amended by adding the following after subsection (1):

Right of employee

(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, financial penalty, loss of seniority, advancement 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.

Presumption

(1.2) An employee who presents a grievance 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.

17. (1) Subsection 92(1) of the Act is replaced by the following:

Reference of grievance to adjudication

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 the employee of a provision of a collective agreement or an arbitral award;

    (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;

    (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 subsection (4), any disciplinary action - other than an action described in subsection 91(1.1) - against the employee resulting in

      (i) suspension or a financial penalty or a termination of employment, or

      (ii) a demotion referred to in paragraph 11(2)(f) or (g) of the Financial Administration Act, or

    (c) in any other case, disciplinary action resulting in termination of an employment, suspension or a financial penalty,

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.

(2) Section 92 of the Act is amended by adding the following after subsection (4):

Presumption

(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.

18. Section 96 of the Act is amended by adding the following after subsection (2):

Special compensation

(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.

19. Section 114 of the Act is amended by adding the following after subsection (1):

Annual report

(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).

REVIEW

Review after four years

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.

Report to the House of Commons

(2) The committee designated or established by the House of Commons for the purposes of subsection (1) shall, as soon as possible, undertake a comprehensive review 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 recommendations pertaining to the continuation of those provisions and the changes required therein as the committee may wish to make.

TRANSITIONAL PROVISION

Transitional provision

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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