Canada ( Attorney General ) v. Wiseman
T-2094-94
Cullen J.
8/5/95
9 pp.
Application for judicial review to quash adjudicator's decision allowing respondent's grievance-Respondent grieving employer's decision to change shift schedule in order to accommodate colleague's annual leave resulting in elimination of respondent's day of rest -- Respondent arguing collective agreement requiring employer to consult with employees before making scheduling changes to accommodate other employees' annual leave requests -- Adjudicator concluding failure to consult prior to making change constituting violation of collective agreement -- Applicable standard of review determined by four indicia: (1) specialized nature of tribunal; (2) existence of statutory right of appeal; (3) whether nature of issue squarely within expertise of tribunal; and (4) existence of privative clause-Labour arbitrator appointed pursuant to Act, s. 93 constituting highly specialized decision-maker -- Act not containing statutory right of appeal from arbitrator's decision thus supporting judicial deference -- Interpretation of collective agreement falling squarely into area of expertise of adjudicator -- Only absence of privative clause mitigating against judicial deference -- Non-existence of privative clause not alone determinative (Pezim v. British Columbia (Superintendent of Brokers), [1994] 2 S.C.R. 557) -- Discovery of parties' intention fundamental object in construing terms of collective agreement; such decisions requiring appreciation of dynamics of workplace precisely type of decision meriting high degree of curial deference -- Arbitrator's decision should be accorded considerable or significant curial deference-Arbitrator's decision reasonably supported by evidence, thus no scope for judicial interference -- Application dismissed -- Public Service Staff Relations Act, R.S.C., 1985, c. P-35, s. 93.