Bell Canada v. Hussey

Bell Canada v. Hussey

The applications for judicial review were dismissed: the adjudicator did not breach procedural fairness in the remedy hearing; his refusal to award back pay was reasonable because reinstatement (a prerequisite for back pay) was denied and the adjudicator had lawfully adopted damages in lieu; the quantum of damages (equivalent of 12 months pay totalling $68,340.00) and the partial indemnity costs award were reasonable and within his discretion under s.242(4).

Citation
2020 FC 795
Parties
Applicant/respondent: BELL CANADA; Applicant/respondent: AMANDA D. HUSSEY
Court
Federal Court
Jurisdiction
Canada
Judgment Date
28 July 2020
Procedural Posture
Judicial Review of Adjudicator Decision Under the Canada Labour Code / Judgment on Applications for Judicial Review
Outcome
Applications for judicial review dismissed
Legal Topics
Unjust Dismissal, Remedies (reinstatement Vs Damages), Back Pay, Procedural Fairness, Costs Awards, Standards of Review
Source Language
English
Labour Law Administrative Law Employment Law Unjust Dismissal Remedies (reinstatement Vs Damages) Back Pay Procedural Fairness Costs Awards +1 more

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Parties

BELL CANADA

Applicant/respondent

AMANDA D. HUSSEY

Applicant/respondent

Procedural Posture

Judicial Review of Adjudicator Decision Under the Canada Labour Code / Judgment on Applications for Judicial Review

Legal Issues

  1. 1 Whether the adjudicator breached procedural fairness in the remedy hearing (April 23, 2019)
  2. 2 Whether the adjudicator unreasonably refused to award back pay
  3. 3 Whether the quantum of damages awarded in lieu of reinstatement was unreasonable

Ratio Decidendi

The applications for judicial review were dismissed: the adjudicator did not breach procedural fairness in the remedy hearing; his refusal to award back pay was reasonable because reinstatement (a prerequisite for back pay) was denied and the adjudicator had lawfully adopted damages in lieu; the quantum of damages (equivalent of 12 months pay totalling $68,340.00) and the partial indemnity costs award were reasonable and within his discretion under s.242(4).

Court Disposition

Applications for judicial review dismissed

Orders

  • Applications for judicial review are dismissed.
  • There is no order as to costs.