Slaight Communications Inc. v. Davidson

Slaight Communications Inc. v. Davidson

Majority held that the adjudicator had statutory authority under s.61.5(9)(c) to order remedial measures including a factual letter of recommendation and an exclusive‑response requirement; both orders engaged s.2(b) freedom of expression but the infringements were justified under s.1 (Oakes test) as serving a pressing and substantial objective, being rationally connected, minimally impairing and proportionate; therefore the appeal was dismissed and the adjudicator's orders upheld.

Citation
[1989] 1 SCR 1038
Parties
Appellant (employer): Slaight Communications Inc.; Respondent (employee): Ron Davidson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 May 1989
Procedural Posture
Appeal (constitutional and Labour Law) / Supreme Court of Canada Decision on Appeal From Federal Court of Appeal
Outcome
Appeal dismissed (majority). Adjudicator's orders upheld; costs awarded to respondent.
Legal Topics
Freedom of Expression (s.2(b) Charter), Section 1 Justification (oakes Test), Unjust Dismissal Remedies, Adjudicator Jurisdiction (s.61.5(9)(c) Canada Labour Code), Standard of Review (reasonableness and Patent Unreasonableness)
Source Language
English
Constitutional Law Labour Law Administrative Law Employment Law Freedom of Expression (s.2(b) Charter) Section 1 Justification (oakes Test) Unjust Dismissal Remedies Adjudicator Jurisdiction (s.61.5(9)(c) Canada Labour Code) +1 more

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Parties

Slaight Communications Inc.

Appellant (employer)

Ron Davidson

Respondent (employee)

Procedural Posture

Appeal (constitutional and Labour Law) / Supreme Court of Canada Decision on Appeal From Federal Court of Appeal

Legal Issues

  1. 1 Whether s.61.5(9)(c) authorizes an adjudicator to order an employer to provide a letter of recommendation with specified content
  2. 2 Whether an adjudicator may order an employer to answer inquiries about a former employee only by sending that letter
  3. 3 Whether those orders infringe the employer's freedom of expression under s.2(b) of the Charter

Ratio Decidendi

Majority held that the adjudicator had statutory authority under s.61.5(9)(c) to order remedial measures including a factual letter of recommendation and an exclusive‑response requirement; both orders engaged s.2(b) freedom of expression but the infringements were justified under s.1 (Oakes test) as serving a pressing and substantial objective, being rationally connected, minimally impairing and proportionate; therefore the appeal was dismissed and the adjudicator's orders upheld.

Court Disposition

Appeal dismissed (majority). Adjudicator's orders upheld; costs awarded to respondent.

Orders

  • Appeal dismissed
  • Adjudicator's orders under s.61.5(9)(c) of the Canada Labour Code upheld (employer required to provide specified letter of recommendation and to answer inquiries by sending that letter)