[2014] 1 F.C.R. D-4
Labour Relations
Judicial review of adjudicator’s decision under Canada Labour Code, R.S.C., 1985, c. L-2, s. 242(1) concluding Code only permitting dismissals for cause, respondent’s complaint of unjust dismissal made out—Applicant dismissing respondent without cause, paying him six month’s severance pay—Whether application for judicial review premature; whether adjudicator’s decision unreasonable—Application not premature as adjudicator having made final decision on merits of respondent’s complaint—As to second issue, case law relied upon by adjudicator not standing for proposition that employers governed by Code having to show cause for all dismissals—Possible for employer to dismiss employee without cause so long as giving notice or severance pay—Fact employer paying employee severance pay not precluding adjudicator from granting further relief where concluding that dismissal unjust—Similarly, no basis for concluding that Code only permitting dismissals for cause—That conclusion failing to take account of clear remedies provided in Code, ss. 230, 235 for persons dismissed without cause—Adjudicator’s decision herein thus unreasonable—Application allowed.
Atomic Energy of Canada Limited v. Wilson (T-1531-12, 2013 FC 733, O’Reilly J., reasons for judgment dated July 2, 2013, 14 pp.)