PUBLIC SERVICE |
Termination of Employment |
Scheuneman v. Canada (Attorney General)
A-795-99
Evans J.A.
1/12/00
4 pp.
Appeal from Motions Judge's decision ([2000] 2 F.C. 365) dismissing appellant's application for judicial review of Adjudicator's decision rejecting appellant's complaint of unjust dismissal against Natural Resources Canada--Appeal dismissed--Motions Judge justified in finding no reasonable apprehension of bias by Adjudicator, nor any other procedural unfairness--Also correct in finding Adjudicator had provided adequate reasons for decision--While Motions Judge seemed not to have addressed question of employer's bad faith in terminating employment, no reason to overturn Adjudicator's finding rejecting allegation--No basis to argument termination in violation of Charter, s. 15--Appellant dismissed eight years after first becoming ill from chronic fatigue syndrome--At time of termination, medical evidence appellant could not do any work now or in foreseeable future--Appellant refused to consider medical retirement--Employment relationship requiring employee be able to undertake work for employer or, if temporarily disabled, be able to return to work within reasonable period of time--Charter, s. 15 not requiring employer to comply with best employment practices and indefinitely to retain employee, even without pay, who may not be able to work for several years--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 15.