A-721-76
James McRae (Applicant)
v.
Public Service Staff Relations Board (Respond-
ent)
Court of Appeal, Pratte, Urie and Ryan JJ.—
Charlottetown, April 25, 1977.
Judicial review — Public Service — Rejection during pro
bationary period — No right to oral hearing before adjudica
tor after dismissal of grievance — Public Service Employment
Act, R.S.C. 1970, c. P-32 — Federal Court Act, s. 28.
Attorney General of Canada v. P.S.S.R.B. [1977] 1 F.C.
91, followed.
APPLICATION for judicial review.
COUNSEL:
James McRae for himself.
No one appearing for respondent.
Michael A. Kelen for Attorney General of
Canada.
SOLICITORS:
James McRae, Tignish, P.E.I., for himself.
John E. McCormick, Ottawa, for respondent.
Deputy Attorney General of Canada for
Attorney General of Canada.
The following are the reasons for judgment of
the Court delivered orally in English by
PRATTE J.: The argument of the applicant as we
understand it, is based on the proposition that a
civil servant who has been rejected during proba
tion under section 28 of the Public Service
Employment Act' not only has the right to file a
grievance against his rejection but is also entitled,
after the dismissal of his grievance, to an oral
hearing before an adjudicator in order to contest
the fact alleged as justification for the rejection. In
other words, the applicant says that, contrary to
what was alleged in the letter rejecting him, he
was not incompetent and that he should have been
given an opportunity to establish his competence
' R.S.C. 1970, c. P-32.
before an adjudicator.
In view of the decision of this Court in the
Jacmain case (Attorney General of Canada v.
P.S.S.R.B. [1977] 1 F.C. 91) this proposition
appears to us to be without foundation and for that
reason the application will be dismissed.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.