Date: 20000511
Docket: A-33-99
CORAM: STONE J.A.
McDONALD J.A.
EVANS J.A.
BETWEEN:
BARBARA L. EDWARDS
Appellant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
Heard at Ottawa, Ontario, on Thursday, May 11, 2000.
Judgment rendered from the Bench on Thursday, May 11, 2000.
REASONS FOR JUDGMENT OF THE COURT BY: STONE J.A.
Date: 20000511
Docket: A-33-99
CORAM: STONE J.A.
McDONALD J.A.
EVANS J.A.
BETWEEN:
BARBARA L. EDWARDS
Appellant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario,
on Thursday, May 11, 2000)
STONE J.A.
[1] This is an appeal from an order of the Trial Division of January 18, 1999.
[2] We respectfully agree with the learned Motions Judge that a reasonable job offer was made to the appellant pursuant to the Work Force Adjustment Directive.
[3] While accepting the correctness of that view, we are nevertheless of opinion that the appellant is entitled to have her grievance claim for a "lump sum payment" under section 6.2.2 of the Work Force Adjustment Directive determined by an adjudicator. That being so, it is not the function of the Court to comment upon the remedy that might or might not be available depending on the outcome of the adjudication.
[4] Accordingly, the order of the Motions Judge will be varied by adding the following thereto:
| The matter is referred back to a different adjudicator for determination of the appellant"s claim for a lump sum payment pursuant to the Work Force Adjustment Directive on the basis that the appellant was made a reasonable job offer by her employer. |
[5] No costs.
"A.J. Stone"
J.A.