The case of Madam Therrien decided by the Federal Court of Appeal cited two issues and two problems with the commissioner's work in that regard.
We had determined that because Madam Therrien had filed grievances, and those grievances were before Public Service Labour Relations and Employment Board, indeed the restriction under subsection 19.3.(2) of the act applied to us. We had accepted some of her allegations for investigation; we had refused others. It is on the allegations that were not accepted for investigation that there was a judicial review.
The Federal Court supported the commissioner's interpretation that indeed she had filed grievances, and that they were on the same subject matter. The Federal Court of Appeal set aside the Federal Court's decision, noting that because the employer was challenging the very jurisdiction of the PSLREB to air her grievances, how could we say that the PSLREB was, in fact, dealing with the same subject matter? We will be following the directions of the court, and we will be awaiting developments before the PSLREB in the case of Madam Desjardins.