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The Federal Court dismissed Mr. Rouet’s judicial review, finding he had not shown procedural unfairness and had not used Rule 317 to obtain a certified tribunal record.
The adjudicator’s decision was reasonable because the earlier adjudicator’s comments were non-central obiter in a jurisdictional ruling and the issues in the two proceedings were different, so issue estoppel did not apply; consequently there was no reviewable error in declining to treat the earlier comments as binding and the application for judicial review is dismissed.
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The adjudicator lawfully dismissed the grievance for lack of jurisdiction because there was no evidence that the employer terminated, demoted, suspended or deployed the appellant; the appellant resigned before any change to working conditions; allegations of bias and procedural unfairness were unsupported; the adjudicator's decision was reasonable and the judicial review application is dismissed.
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The Board's decision was reasonable because it provided a detailed, transparent and intelligible justification applying applicable law and sufficient evidence to conclude the employer reasonably found the applicant's performance unsatisfactory; the Federal Court of Appeal will not reassess the evidence or entertain new arguments not raised before the tribunal, therefore the application for judicial review is dismissed.
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Because the PSLRA and the FAA require terminations to be for cause, the Board has jurisdiction under s.209(1)(c) and ss.12(1)(e) and 12(3) FAA to examine whether a revocation of reliability status was based on legitimate grounds; the adjudicator reasonably found the revocation unjustified and therefore the termination was not for cause.
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The adjudicator's findings were reasonable and supported by the record: the appellant's lack of transparency, use of the Committee's DWAN account for reserve work, reserve work during Committee hours, and failure to request accommodation justified a finding that trust was broken and the termination was permissible; the Court will not substitute its own view and therefore dismisses the judicial review application.
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Federal Court dismissed judicial review of a PSLRB decision upholding dismissal for misconduct and privacy breach, while excluding late fresh evidence.
The Court dismissed the judicial review: the Board did not err in its procedural sequencing or in requiring the applicant to present evidence first because no prejudice was shown and the applicant failed to adduce further evidence; subsection 191(3) did not operate as the applicant asserted to displace the Board's fact‑finding; and the Board lawfully confined its determination to the statutory relevant period while appropriately considering and discounting earlier, uncorroborated events.
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The Federal Court set aside a grievance decision after finding that undisclosed materials and post-hearing inquiries breached procedural fairness, and it awarded costs.
The Federal Court erred by substituting its own definition of "similarly situated employees" and its own factual assessment for that of the PSLRB adjudicator; the matter is remitted so the adjudicator can apply the Bucholtz comparative test and determine which employees are similarly situated in light of the Board's expertise.
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