Public Service Labour Relations Act (S.C. 2003, c. 22, s. 2)

Act current to 2014-12-08 and last amended on 2014-11-01. Previous Versions

Conflict Management

Marginal note:Informal conflict management system

 Subject to any policies established by the employer or any directives issued by it, every deputy head in the core public administration must, in consultation with bargaining agents representing employees in the portion of the core public administration for which he or she is deputy head, establish an informal conflict management system and inform the employees in that portion of its availability.

Individual Grievances

Presentation

Marginal note:Right of employee
  •  (1) Subject to subsections (2) to (7), an employee is entitled to present an individual grievance if he or she feels aggrieved

    • (a) by the interpretation or application, in respect of the employee, of

      • (i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or

      • (ii) a provision of a collective agreement or an arbitral award; or

    • (b) as a result of any occurrence or matter affecting his or her terms and conditions of employment.

  • Marginal note:Limitation

    (2) An employee may not present an individual grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act.

  • Marginal note:Limitation

    (3) Despite subsection (2), an employee may not present an individual grievance in respect of the right to equal pay for work of equal value.

  • Marginal note:Limitation

    (4) An employee may not present an individual grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award unless the employee has the approval of and is represented by the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies.

  • Marginal note:Limitation

    (5) An employee who, in respect of any matter, avails himself or herself of a complaint procedure established by a policy of the employer may not present an individual grievance in respect of that matter if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from presenting an individual grievance under this Act.

  • Marginal note:Limitation

    (6) An employee may not present an individual grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

  • Marginal note:Order to be conclusive proof

    (7) For the purposes of subsection (6), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.