Mr. Howell sued Sun Life for denying long-term disability (LTD) benefits and Transport Canada (TC) and his supervisor, Francois Collins, for misrepresentations that allegedly led to the denial.
The Attorney General sought dismissal, arguing the Federal Public Sector Labour Relations Act (FPSLRA) mandates grievance procedures for such disputes, removing court jurisdiction.
Key Issues:
Test for Dismissal: The court examined whether it has jurisdiction or if the dispute falls under the FPSLRA grievance process.
Jurisdiction Under Section 236: Section 236 of the FPSLRA was reviewed to determine if it ousts court jurisdiction over employment-related disputes.
Essential Character of the Dispute: The court assessed if Mr. Howell’s claims are inherently employment-related and therefore grievable under FPSLRA.
Findings:
Jurisdiction: The court concluded Mr. Howell’s claims about employment terms and conditions are grievable under the FPSLRA.
Residual Discretion: The court has residual discretion only if statutory remedies are unavailable, which was not the case here.
Misrepresentation Claims: Misrepresentations by Mr. Collins regarding LTD benefits are grievable under the FPSLRA.
Decision:
The court stayed the action against TC and Collins, citing lack of jurisdiction due to Section 236.
Costs are to be resolved between the parties, with submissions due if unresolved.
The document did not specify a total monetary award in this decision.
