[2011] 3 F.C.R. D-12
Labour Relations
Judicial review of decision by adjudicator finding that respondent unjustly dismissed within meaning of Canada Labour Code, R.S.C., 1985, c. L-2 (CLC)—Applicant providing employment services to federal government—Respondent, employed by applicant, sent to Department of National Defence Post Recruitment Education Training Centre (PRETC)—Respondent later ordered to vacate position at PRETC following issues with respondent’s work—Respondent’s position with applicant subsequently terminated—Adjudicator finding that respondent’s work directly related to Canadian Forces—Concluding that federal jurisdiction applying to case herein—Principal issue whether adjudicator erring in concluding that federal jurisdiction applying—Adjudicator applying erroneous test in determining jurisdiction—Test applied by adjudicator resembling test articulated by minority ruling in NIL/TU,O Child and Family Services Society v. B.C. Government and Service Employees’ Union, 2010 SCC 45, [2010] 2 S.C.R. 696 (NIL/TU,O), but language used by adjudicator reflecting more expansive test—Adjudicator failing to assess whether applicant’s normal, habitual activities rendering applicant federal work, undertaking or business for purposes of triggering jurisdiction of CLC—Application of test articulated by majority ruling in NIL/TU,O demonstrating that applicant not federal undertaking, service or business—Concluding that federal jurisdiction existing herein requiring expansion of test for establishing existence of such jurisdiction—Such approach contrary to majority, minority decisions in NIL/TU,O, inconsistent with longstanding approach of narrowly interpreting scope of exception to principle that labour relations presumptively provincial matter—Application allowed.
Commissionaires (Great Lakes) v. Dawson (T-1105-10, 2011 FC 717, Crampton J., judgment dated June 17, 2011, 22 pp.)