Dr. Amy Bombay

The plaintiffs sought to certify a class action for systemic negligence against Indian Oil and Gas Canada (IOGC), alleging systemic workplace harassment and discrimination.

The Attorney General moved to strike the claim, arguing the Federal Court lacked jurisdiction due to section 236 of the Federal Public Sector Labour Relations Act (FPSLRA).

The Court held that the claims related to the terms and conditions of employment, making them grievable under the FPSLRA and its predecessor, the Public Service Staff Relations Act.

The Court found the plaintiffs failed to present compelling evidence that the statutory grievance mechanisms were incapable of providing effective redress to justify exercising residual jurisdiction.

The motion to strike was granted without leave to amend, and the certification motion was dismissed.