Parliamentary Employment and Staff Relations Act

Marginal note:Reference of grievance to adjudication

• 63 (1) Where an employee has presented a grievance, up to and including the final level in the grievance process, with respect to

  • (a) the interpretation or application in respect of the employee of a provision of a collective agreement or an arbitral award,

  • (b) disciplinary action against the employee resulting in suspension or a financial penalty,

  • (c) the termination of employment of the employee, other than rejection on probation in respect of an initial appointment,

  • (d) demotion of the employee,

  • (e) where the employee has been denied an appointment, the employer’s evaluation of the skill, fitness and ability of the employee with respect to the employee’s qualification for the appointment,

  • (f) subject to subsection 5(3), the employer’s classification of the employee, or

  • (g) the contravention by the employer of any applicable provision of regulations made under subsection 117(1) of the Accessible Canada Act, if the employee has suffered physical or psychological harm, property damage or economic loss as a result of — or has otherwise been adversely affected by — the contravention,

  and the grievance has not been dealt with to the satisfaction of the employee, the employee may refer the grievance to adjudication.

• Marginal note:Approval of bargaining agent

  (2) Where a grievance that may be presented by an employee to adjudication is a grievance described in paragraph (1)(a), the employee is not entitled to refer the grievance to adjudication unless the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies signifies in prescribed manner its approval of the reference of the grievance to adjudication and its willingness to represent the employee in the adjudication proceedings.

• Marginal note:Commencement of certain grievance adjudication

  (3) A grievance with respect to a matter referred to in paragraph (1)(f) shall not be adjudicated under this Part unless the circumstances that cause the grievance are in existence after the day that is one year after this Part comes into force.