Flieger v. New Brunswick

Flieger v. New Brunswick

Majority: The Province's bona fide decision to disband its Highway Patrol and contract duties to the RCMP abolished the office/function of New Brunswick Highway Patrol personnel; that discontinuance of function falls within s.26(1) and, under the regulations (s.9(1)), 30 days notice was the notice required as a condition of employment; appellants were not entitled to more than 30 days notice; appeal dismissed.

Citation
[1993] 2 SCR 651
Parties
Appellants (employees): Gary Flieger; Terry McNutt; Respondent (employer): The Province of New Brunswick
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
30 June 1993
Procedural Posture
Labour Law Appeal (wrongful Dismissal / Civil Service) / Appeal to the Supreme Court of Canada From the New Brunswick Court of Appeal
Outcome
Appeal dismissed (majority). Separate dissent by L'Heureux‑Dubé J. would have allowed the appeal and remitted for assessment of reasonable notice.
Legal Topics
Contracting Out, Discontinuance of a Function, Wrongful Dismissal, Reasonable Notice, Statutory Interpretation, Lay‑off Regulations
Source Language
English
Labour Law Employment Law Administrative Law Civil Service Law Contracting Out Discontinuance of a Function Wrongful Dismissal Reasonable Notice +2 more

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Parties

Gary Flieger; Terry McNutt

Appellants (employees)

The Province of New Brunswick

Respondent (employer)

Procedural Posture

Labour Law Appeal (wrongful Dismissal / Civil Service) / Appeal to the Supreme Court of Canada From the New Brunswick Court of Appeal

Legal Issues

  1. 1 Whether contracting out the Highway Patrol duties to the RCMP constituted a "discontinuance of a function" under s.26(1) of the New Brunswick Civil Service Act
  2. 2 Whether appellants were entitled to reasonable notice of termination or limited to the 30 days provided by s.9(1) of N.B. Reg. 84‑229
  3. 3 Whether s.9(1)(b) operates as a maximum notice/compensation limit or only requires actual 30 days notice

Ratio Decidendi

Majority: The Province's bona fide decision to disband its Highway Patrol and contract duties to the RCMP abolished the office/function of New Brunswick Highway Patrol personnel; that discontinuance of function falls within s.26(1) and, under the regulations (s.9(1)), 30 days notice was the notice required as a condition of employment; appellants were not entitled to more than 30 days notice; appeal dismissed.

Court Disposition

Appeal dismissed (majority). Separate dissent by L'Heureux‑Dubé J. would have allowed the appeal and remitted for assessment of reasonable notice.

Orders

  • Appeal dismissed with costs if demanded