Presentation of Grievance. (1) Subject to subsections (2) to (7), an employee is entitled to present an individual grievance if they feel aggrieved: (a) by the interpretation or application, in respect of the employee, of (i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the Employer, that deals with terms and conditions of employment, or (ii) a provision of a collective agreement or an arbitral award; or (b) as a result of any occurrence or matter affecting their terms and conditions of employment. (2) An employee may not present an individual grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act. (3) Despite subsection (2), an employee may not present an individual grievance in respect of the right to equal pay for work of equal value. (4) An employee may not present an individual grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award unless the employee has the approval of and is represented by the Institute. (5) An employee who, in respect of any matter, avails themself of a complaint procedure established by a policy of the Employer may not present an individual grievance in respect of that matter if the policy expressly provides that an employee who avails themself of the complaint procedure is precluded from presenting an individual grievance under this Article. (6) An employee may not present an individual grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. (7) For the purposes of subsection (6), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Presentation of Grievance. (1) Subject to subsections (2) to (7), an employee is entitled to present an individual grievance if they feel aggrieved:
(a) by the interpretation or application, in respect of the employee, of
(i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the Employer, that deals with terms and conditions of employment, ; or
(ii) a provision of a collective agreement or an arbitral award; or
(b) as a result of any occurrence or matter affecting their terms and conditions of employment.
(2) An employee may not present an individual grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act.
(3) Despite subsection (2), an employee may not present an individual grievance in respect of the right to equal pay for work of equal value.
(4) An employee may not present an individual grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award unless the employee has the approval of and is represented by the Institute.
(5) An employee who, in respect of any matter, avails themself of a complaint procedure established by a policy of the Employer may not present an individual grievance in respect of that matter if the policy expressly provides that an employee who avails themself of the complaint procedure is precluded from presenting an individual grievance under this Article.
(6) An employee may not present an individual grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
(7) For the purposes of subsection (6), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
Appears in 1 contract
Samples: Collective Agreement
Presentation of Grievance. (1) Subject to subsections (2) to (7), an employee is entitled to present an individual grievance if they feel he or she feels aggrieved:
(a) by the interpretation or application, in respect of the employee, of
(i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the Employeremployer, that deals with terms and conditions of employment, or
(ii) a provision of a collective agreement or an arbitral award; or
(b) as a result of any occurrence or matter affecting their his or her terms and conditions of employment.
(2) An employee may not present an individual grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act.
(3) Despite subsection (2), an employee may not present an individual grievance in respect of the right to equal pay for work of equal value.
(4) An employee may not present an individual grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award unless the employee has the approval of and is represented by the Institute.
(5) An employee who, in respect of any matter, avails themself himself or herself of a complaint procedure established by a policy of the Employer employer may not present an individual grievance in respect of that matter if the policy expressly provides that an employee who avails themself himself or herself of the complaint procedure is precluded from presenting an individual grievance under this Article.
(6) An employee may not present an individual grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
(7) For the purposes of subsection (6), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
Appears in 1 contract
Samples: Collective Agreement