| Citation: |
Hagel v. Canada (Attorney General), 2009 FC 329, [2009] 3 F.C.R. D-16 |
T-1984-07 |
Public Service
Grievance
Judicial review of decision not to grant corrective action at final level of grievance process—Applicants grieving decisions taken during their integration to employer represented by Treasury Board on basis having negative financial consequences—Arguing procedural fairness breached—Public law duty of fairness attaching to Public Service Labour Relations Act (PSLRA), S.C. 2003, c. 22, s. 209 grievance process—Strong indications finding in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190 public sector employee cannot invoke duty of fairness not extending beyond context of dismissal from public employment—Degree of procedural fairness herein at low end of spectrum—Duty to conduct in-person hearing not arising from PSLRA, policy documents—Reasons provided not merely pro forma, explaining why grievances dismissed—Decision maker not failing to consider relevant policies, regulations, but found they did not contemplate situation before him—Decision reasonable —Application dismissed.
Hagel v. Canada (Attorney General) (T-1984-07, 2009 FC 329, Zinn J., judgment dated March 31, 2009, 21 pp.)