Pascal v. Kitigas Inc.

Pascal v. Kitigas Inc.

The application for judicial review is dismissed because the Court concluded the Adjudicator's Decision was not patently unreasonable: the Adjudicator had evidence to support his finding that the complainant failed to comply with evolving procedures and that cumulatively the employer had just cause to dismiss; the...

Source-derived case information.

Citation
2003 FC 894
Parties
Applicant: Sylvia Pascal; Respondent: Kitigas Inc.; Respondent: The Attorney General of Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
17 July 2003
Procedural Posture
Judicial Review (canada Labour Code Unjust Dismissal) / Application for Judicial Review Decision on Merits
Outcome
application for judicial review dismissed
Legal Topics
Unjust Dismissal, Standard of Review, Judicial Review, Canada Labour Code Adjudication
Source Language
english
Labour Law Administrative Law Employment Law Unjust Dismissal Standard of Review Judicial Review Canada Labour Code Adjudication

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sylvia Pascal

Applicant

Kitigas Inc.

Respondent

The Attorney General of Canada

Respondent

Procedural Posture

Judicial Review (canada Labour Code Unjust Dismissal) / Application for Judicial Review Decision on Merits

Legal Issues

  1. 1 appropriate standard of review for adjudicator under Canada Labour Code
  2. 2 whether the adjudicator's decision was patently unreasonable or contained a reviewable error
  3. 3 whether the adjudicator relied on grounds for dismissal not originally advanced by the employer

Ratio Decidendi

The application for judicial review is dismissed because the Court concluded the Adjudicator's Decision was not patently unreasonable: the Adjudicator had evidence to support his finding that the complainant failed to comply with evolving procedures and that cumulatively the employer had just cause to dismiss; the Court will not re-weigh evidence or interfere absent clear irrationality and the absence of a transcript hindered review.

Court Disposition

application for judicial review dismissed

Orders

  • Application for judicial review dismissed
  • No order as to costs