Peck v. Parks Canada
The Final Level Delegate’s decision to deny PM-06 and to classify the applicant as EG-07 was reasonable and within Parks Canada’s broad statutory authority to determine classifications and qualifications; the application for judicial review is dismissed.
- Citation
- 2009 FC 686
- Parties
- Applicant: Warren Peck; Respondent: Parks Canada
- Court
- Federal Court
- Jurisdiction
- Canada
- Judgment Date
- 30 June 2009
- Procedural Posture
- Judicial Review / Final Reasons and Order (dismissed)
- Outcome
- Application for judicial review dismissed with costs to respondent
- Legal Topics
- Job Classification, Standards of Review, Public Service Labour Relations, Employer Authority, Retroactive Qualification, Equal Pay for Equal Work, Acting Pay
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Warren Peck
Applicant
Parks Canada
Respondent
Procedural Posture
Judicial Review / Final Reasons and Order (dismissed)
Legal Issues
- 1 appropriate standard of judicial review for final level classification decisions under the PSLRA
- 2 whether denial of PM-06 classification was reasonable
- 3 scope of Parks Canada’s statutory authority to set classifications and qualifications
Ratio Decidendi
The Final Level Delegate’s decision to deny PM-06 and to classify the applicant as EG-07 was reasonable and within Parks Canada’s broad statutory authority to determine classifications and qualifications; the application for judicial review is dismissed.
Court Disposition
Application for judicial review dismissed with costs to respondent
Orders
- Application for judicial review dismissed, with costs in favour of the respondent.
Full Case Text
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