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

Marginal note:Decision requiring amendment

229. An adjudicator’s decision may not have the effect of requiring the amendment of a collective agreement or an arbitral award.

Marginal note:Determination of reasonableness of opinion

230. In the case of an employee in the core public administration or an employee of a separate agency designated under subsection 209(3), in making a decision in respect of an employee’s individual grievance relating to a termination of employment or demotion for unsatisfactory performance, an adjudicator must determine the termination or demotion to have been for cause if the opinion of the deputy head that the employee’s performance was unsatisfactory is determined by the adjudicator to have been reasonable.

Marginal note:Determination of consent requirement

231. An adjudicator seized of a grievance referred to in subparagraph 209(1)(c)(ii) may determine any question relating to whether

• (a) consent to being deployed was a condition of the employee’s employment; or

• (b) the employee harassed another person in the course of the employee’s employment.

Marginal note:Decision in respect of certain policy grievances

232. If a policy grievance relates to a matter that was or could have been the subject of an individual grievance or a group grievance, an adjudicator’s decision in respect of the policy grievance is limited to one or more of the following:

• (a) declaring the correct interpretation, application or administration of a collective agreement or an arbitral award;

• (b) declaring that the collective agreement or arbitral award has been contravened; and

• (c) requiring the employer or bargaining agent, as the case may be, to interpret, apply or administer the collective agreement or arbitral award in a specified manner.

Marginal note:Decisions not to be reviewed by court

• 233. (1) Every decision of an adjudicator is final and may not be questioned or reviewed in any court.

• Marginal note:No review by certiorari, etc.

  (2) No order may be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an adjudicator in any of the adjudicator’s proceedings under this Part.

Marginal note:Filing of order in Federal Court

234. For the purpose of enforcing an adjudicator’s order, any person who was a party to the proceedings that resulted in the order being made may, after the day provided in the order for compliance or, if no such day is provided for, after 30 days have elapsed since the day the order was made, file in the Federal Court a copy of the order that is certified to be a true copy, and an order so filed becomes an order of that Court and may be enforced as such.