[2011] 4 F.C.R. D-7
Public Service
Labour Relations
Judicial review of decision by Public Service Labour Relations Board (PSLRB) adjudicator respondent dismissed from employment by Public Works and Government Services Canada (PWGSC) contrary to Public Service Labour Relations Act, S.C. 2003, c. 22, s. 2 awarding damages thereto—Both applicant, respondent filing judicial review applications regarding same decision—Respondent real property executive, hired by PWGSC as special advisor for three-year period—Travelling to U.K. on business trip, misconduct during trip alleged, media involved—Adjudicator erring in awarding respondent $125 000 in damages for psychological injury since award not falling within range of possible, acceptable outcomes defensible in respect of facts, law—Quantum unreasonable, set aside—However, because there was evidence before adjudicator on which some award of damages for psychological injury could be made, that part of decision referred back to PSLRB—No legal basis for award of $250 000 in damages for loss of reputation as PWGSC having no duty to protect respondent’s reputation—PSLRB thus erring in making this award—Even if legal basis established, quantum of award unreasonable as failing to consider fact damage directly caused by actions, conduct of newspaper reporter, that respondent failing in duty to mitigate loss—Adjudicator erring in awarding damages for obstruction of process since award at issue constituting award of costs; therefore beyond adjudicator’s jurisdiction—Adjudicator correctly finding not having jurisdiction under Act to award costs to successful party—Applications allowed in part.
Canada (Attorney General) v. Tipple (T-1295-10, T-1315-10, 2011 FC 762, Zinn J., judgment dated June 24, 2011, 48 pp.)