Genest c. Conseil de la Nation Atikamekw

Genest c. Conseil de la Nation Atikamekw

The application is dismissed because the applicant failed to demonstrate a breach of procedural fairness or that the arbitrator's credibility findings and conclusion that the applicant abandoned his position were unreasonable; the Social Security Tribunal decision was not binding and the arbitrator's decision was supported by the evidence.

Citation
2022 CF 1326
Parties
Applicant / Demandeur: Jacques Genest; Respondent / Défendeur: Le Conseil de la Nation Atikamekw
Court
Federal Court
Jurisdiction
Canada
Judgment Date
23 September 2022
Procedural Posture
Judicial Review of Arbitral Award Under Canada Labour Code / Final Judgment
Outcome
The application for judicial review is dismissed.
Legal Topics
Unjust Dismissal, Abandonment of Employment / Resignation, Procedural Fairness, Credibility Findings, Standard of Review: Reasonableness
Source Language
French
Labour and Employment Law Administrative Law Labour Arbitration Judicial Review Unjust Dismissal Abandonment of Employment / Resignation Procedural Fairness Credibility Findings +1 more

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Parties

Jacques Genest

Applicant / Demandeur

Le Conseil de la Nation Atikamekw

Respondent / Défendeur

Procedural Posture

Judicial Review of Arbitral Award Under Canada Labour Code / Final Judgment

Legal Issues

  1. 1 Whether the arbitrator erred in finding the employee abandoned his position (resigned)
  2. 2 Whether there was a breach of procedural fairness by denying the applicant the opportunity to effectively cross-examine witnesses due to emotional distress
  3. 3 Whether the arbitrator failed to consider or improperly discounted evidence including the Social Security Tribunal decision

Ratio Decidendi

The application is dismissed because the applicant failed to demonstrate a breach of procedural fairness or that the arbitrator's credibility findings and conclusion that the applicant abandoned his position were unreasonable; the Social Security Tribunal decision was not binding and the arbitrator's decision was supported by the evidence.

Court Disposition

The application for judicial review is dismissed.

Orders

  • The application for judicial review is dismissed.
  • No order as to costs.