PUBLIC SERVICE |
Labour Relations |
Adams v. Canada (Attorney General)
T-1825-00
2002 FCT 80, MacKay J.
24/1/02
11 pp.
Application for judicial review of PSC investigations officer dismissing applicant's complaint regarding departmental investigation concerning earlier complaint of harassment against Director of Operational Services (DOS) of Canadian Coast Guard (CCG) at Halifax, concluding complaint not founded or established--After initial complaint lodged, DOS's superior's executive secretary commenced investigation into allegation of harassment and abuse of authority by applicant in relation to fellow employee, ultimately concluding applicant had harassed fellow employee--PSC officer refused to consider representation report on allegations of harassment by applicant of fellow employee supported applicant's concern about conflict of interest on part of DOS's superior--PSC officer also concluded no basis to intervene in regard to CCG's investigation of applicant's complaint of harassment against DOS--Application dismissed--PSC officer's decision here in issue made by person with expertise in reviewing factual issues in employment-related complaints--In light of broad purposes of Public Service Employment Act, in exercise of his judgment in assessing facts and implications underlying complaint, expertise of officer, acting on behalf of Commission, warranting substantial deference--Standard of patent unreasonableness appropriate herein--Standard not here established in relation to PSC officer's determination-- No failure to consider evidence which should have been considered--No evidence DOS's superior involved in investigation of complaint brought by fellow employee--No consideration of irrelevant evidence--PSC officer did not err in referring to DOS's superior's letter and considering it relevant--PSC officer's conclusion not patently unreasonable --Public Service Employment Act, R.S.C., 1985, c. P-33.