27 September 2006
Many of you will recall DM Harder’s decision to engage in a deployment exercise to fill between 60 and 120 vacant FS positions at the FS-2 and FS-3 level. PAFSO advised the department prior to the announcement that the deployment exercise would be illegal and an abuse of authority. Unfortunately, DM Harder decided to accept the advice of his personnel advisors and went ahead with the deployment exercise.
Given the department’s position on this issue and the unwillingness to engage PAFSO in meaningful consultation on this subject, PAFSO was left with no other choice but to look elsewhere for a resolution that would protect the interests of our members. In late December 2005, PAFSO filed an application with the Federal Court asking the Court for judicial review of DM Harder’s decision.
On September 18, 2006, the court ruled and set aside DM Harder’s decision. The matter was referred back to him for consideration in accordance with the reasons cited in the decision.
PAFSO takes no joy from this decision. As our counsel said in front of the Honourable Madam Justice Tremblay-Lamer, “PAFSO should not be before you on this mater. This is something that the parties should have been able to work out themselves”. The decision which ruled in our favour was with costs.
It is indeed unfortunate that beginning in the summer/fall of 2002, PAFSO’s relations with the HR department at DFAIT has been on a steady decline. This unproductive and adversarial relationship has had its toll both on our work load and added unnecessary stress and legal bills. Hopefully, this will not last forever.
For those of you who are interested, you can read the Federal Court decision by logging onto the Federal Court website. The citation is 2006 FC 1117.
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