Gainer v. Canada (Export Development Canada)

Gainer v. Canada (Export Development Canada)

The Court found no breach of procedural fairness in the Commission's overall process and upheld the dismissal except that the investigator's treatment of the Applicant's reprisal allegations contained significant deficiencies and unexplained factual inconsistencies that did not meet the palpable and overriding error standard; accordingly the Commission's decision is set aside only insofar as reprisals and the matter is remitted for a new investigation by a different investigator limited to the reprisal allegations.

Citation
2006 FC 814
Parties
Applicant: Laura Gainer; Respondent: Export Development Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
26 June 2006
Procedural Posture
Judicial Review of Canadian Human Rights Commission Decision / Order Setting Aside Commission Decision in Part and Remitting Matter for Fresh Investigation
Outcome
Application allowed in part; Commission decision set aside insofar as reprisal allegations and remitted for fresh investigation by a different investigator; remainder of Commission dismissal maintained
Legal Topics
Procedural Fairness, Pay Equity, Reprisal/retaliation, Standard of Review, Remittal
Source Language
English
Administrative Law Human Rights Law Employment Law Procedural Fairness Pay Equity Reprisal/retaliation Standard of Review Remittal

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Parties

Laura Gainer

Applicant

Export Development Canada

Respondent

Procedural Posture

Judicial Review of Canadian Human Rights Commission Decision / Order Setting Aside Commission Decision in Part and Remitting Matter for Fresh Investigation

Legal Issues

  1. 1 Breach of procedural fairness in the investigation by the Commission's investigator
  2. 2 Failure to correctly apply s.11 of the Canadian Human Rights Act and the Equal Wages Guidelines
  3. 3 Failure to consider and apply s.14.1 of the Canadian Human Rights Act (reprisals)

Ratio Decidendi

The Court found no breach of procedural fairness in the Commission's overall process and upheld the dismissal except that the investigator's treatment of the Applicant's reprisal allegations contained significant deficiencies and unexplained factual inconsistencies that did not meet the palpable and overriding error standard; accordingly the Commission's decision is set aside only insofar as reprisals and the matter is remitted for a new investigation by a different investigator limited to the reprisal allegations.

Court Disposition

Application allowed in part; Commission decision set aside insofar as reprisal allegations and remitted for fresh investigation by a different investigator; remainder of Commission dismissal maintained

Orders

  • Application for judicial review allowed in part; the decision of the Canadian Human Rights Commission as it relates to the issue of reprisals is set aside and the matter is remitted for investigation by a different investigator solely on the issue of the allegations of reprisal.