A-868-96
MONTRÉAL, QUEBEC, THE 26TH DAY OF MAY, 1997
CORAM: THE HONOURABLE MR. JUSTICE HUGESSEN
THE HONOURABLE MR. JUSTICE DENAULT
THE HONOURABLE MR. JUSTICE MacGUIGAN
BETWEEN: GINETTE MONTREUIL,
Applicant
| AND: |
| CANADA EMPLOYMENT AND IMMIGRATION COMMISSION |
| -and- |
| ATTORNEY GENERAL OF CANADA, |
Respondents
J U D G M E N T
The application is allowed, the umpire"s decision is set aside, and the matter is referred back to the umpire for redetermination on the presumption that the Commission"s appeal should be dismissed.
| James K. Hugessen |
| J.A. |
Certified true translation
Christiane Delon
A-868-96
CORAM: HUGESSEN
DENAULT
MacGUIGAN, JJ.A.
BETWEEN:
GINETTE MONTREUIL,
Applicant
AND:
CANADA EMPLOYMENT AND IMMIGRATION COMMISSION
-and-
ATTORNEY GENERAL OF CANADA,
Respondents
Hearing held in Montréal,
Monday, May 26, 1997
Judgment rendered in Montréal,
Monday, May 26, 1997
REASONS FOR JUDGMENT OF THE COURT BY: HUGESSEN J.A.
A-868-96
CORAM: THE HONOURABLE MR. JUSTICE HUGESSEN
THE HONOURABLE MR. JUSTICE DENAULT
THE HONOURABLE MR. JUSTICE MacGUIGAN
BETWEEN:
GINETTE MONTREUIL,
Applicant
AND:
CANADA EMPLOYMENT AND IMMIGRATION COMMISSION
-and-
ATTORNEY GENERAL OF CANADA,
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Rendered at the hearing in Montréal,
Monday, May 26, 1997)
HUGESSEN, J.A.
We are all of the opinion that the umpire did not err in law when he found that the claimant had voluntarily left her employment. Indeed, it is clear that she had a choice between remaining or leaving and that she was therefore not dismissed.
However, when the time came to examine the issue of "just cause" under subsection 28(4), the umpire relied solely on the following ground:
| [Translation] The reduction in salary was not unilateral, but had been negotiated by the employer with the union that represented the claimant. |
Although the consent of the bargaining agent is an extremely important consideration in examining just cause within the meaning of paragraph 28(4)(g),1 it is not conclusive. Our decision in Tremblay 2 does not contradict this position. In the case at bar, the board of referees, which had regard to all the circumstances, held that the claimant had just cause to leave because of the reduction in her salary. The umpire"s decision does not disclose any grounds that would warrant his intervention.
The application will be allowed, the umpire"s decision will be set aside, and the matter will be referred back to the umpire for redetermination on the presumption that the Commission"s appeal should be dismissed.
| James K. Hugessen |
| J.A. |
Certified true translation
Christiane Delon
FEDERAL COURT OF APPEAL
A-868-96
BETWEEN:
GINETTE MONTREUIL,
Applicant
AND:
CANADA EMPLOYMENT AND IMMIGRATION COMMISSION
-and-
ATTORNEY GENERAL OF CANADA,
Respondents
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| FILE NO. A-868-96 |
| STYLE: GINETTE MONTREUIL, |
Applicant
| AND: |
| CANADA EMPLOYMENT AND IMMIGRATION COMMISSION |
| -and- |
| ATTORNEY GENERAL OF CANADA |
Respondents
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: May 26, 1997 |
REASONS FOR JUDGMENT OF THE COURT (HUGESSEN, DENAULT AND MacGUIGAN, JJ.A.)
READ FROM THE BENCH BY: Hugessen, J.A.
| Dated: May 26, 1997 |
APPEARANCES:
Pierre Gauthier
| Anne-Marie Mc"Sween for the applicant |
| Dominique Gagné for the respondent |
SOLICITORS OF RECORD:
Sauvé et Roy
(C.N.T.U. Legal
Department)
| Montréal, Quebec for the applicant |
George Thomson
Deputy Attorney General
of Canada
| Ottawa, Ontario for the respondents |
1 28(4) For the purposes of this section, "just cause" for voluntarily leaving an employment exists where, having regard to all the circumstances, including any of the following circumstances, the claimant had no reasonable alternative to leaving the employment: (g) significant modification of terms and conditions respecting wages or salary;
2 Attorney General of Canada v. Jean-François Tremblay (1995), 172 N.R. 305.