Public Service Labour Relations Board
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Currie et al. v. Canada Revenue Agency

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Full Text
2008 PSLRB 69
Before: I.R. Mackenzie
Decision Rendered: August 22, 2008
Original Language: English
An application for judicial review before the Federal Court has been dismissed (2009 FC 1314) (Court file: T-1454-08).

Subject terms:

Job description – Admissibility of evidence – Jurisdiction

The four grievors alleged that their generic PM-03 job description did not accurately describe the scope of their duties – their job description stated that they worked on “simple/routine” files – the evidence established that the employer also assigned them “difficult” files and that it paid them acting pay at the PM-04 level for those periods – the adjudicator allowed in evidence a revised generic PM-03 job description adopted by the employer after the grievances had been filed – he also allowed the introduction of a generic PM-04 job description – the adjudicator found that his task was not to determine whether the generic PM-04 job description applied to the grievors’ positions as that would be equivalent to reclassifying their positions – he further found that the grievors’ duties involved working on “difficult” files on an ongoing basis, although episodically – he ordered the PM-03 job description for three of the grievors to be amended accordingly.

Grievances allowed in part.

Compensation – Acting pay – Retroactive claim – Time limit

One grievor requested acting pay for having worked on “difficult” files not covered by her generic PM-03 job description – her job description stated that she worked on “simple/routine” files – the period claimed by the grievor extended beyond the 25 days preceding the filing of her grievance – the adjudicator found that the grievor had not relied on a promise of the employer to justify claiming acting pay for the period before the 25 days preceding the filing of her grievance – the adjudicator further found that the grievor did not perform work at a higher classification level in the 25 days preceding the filing of her grievance.

Grievance denied.