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The Federal Court dismissed a judicial review of a PSDPA refusal to investigate, holding the decision was procedurally fair, reasonable, and based on personal employment matters.
Subsection 236(1) of the FPSLRA unequivocally bars civil actions in respect of disputes relating to terms and conditions of employment; the appellant failed to establish any exception (such as complete corruption or incapacity of the grievance process), failed to show inadequate accommodation or reasonable apprehension of bias, and therefore it was plain and obvious to strike the statement of claim without leave to amend; the appeal is dismissed.
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The Federal Court dismissed Noel Sinclair’s judicial review as moot after the election passed, declining to decide the merits or grant declaratory relief.
The Federal Court of Appeal upheld the Board's award as reasonable because the Board, applying the factors in the Act and exercising its broad arbitration discretion, rationally concluded there was insufficient evidence of widespread Phoenix-related stress or harms at the House of Commons to justify matching the Treasury Board $2,500 lump sum; the Board permissibly considered total compensation and the comparability argument and the applicant failed to establish a serious flaw in the decision.
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The Federal Court struck a judicial review application as out of time and not directed at a reviewable decision or matter. The impugned letter was only a referral to litigation counsel.
The Federal Court of Appeal dismissed the application for judicial review because the Tribunal’s conclusion was reasonable: the April 1 and 2, 2009 emails did not, on a balance of probabilities, constitute protected internal disclosures and the applicant failed to establish the requisite causal link between any protected disclosure and the alleged reprisal; the Tribunal did not err in limiting disclosure or witnesses and complied with procedural fairness.
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The Federal Court allowed judicial review of a classification grievance decision, finding no procedural unfairness but concluding the decision was unreasonable and should be redetermined.
The Commission's finding that the appellant committed fraud and the corrective measures imposed were reasonable and procedurally fair; the Federal Court applied the correct standard of review and therefore the Federal Court of Appeal will dismiss the appeal with costs.
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The Board reasonably applied the established Schenkman criteria, concluded the applicant failed to provide clear, cogent, compelling reasons for a 13-month delay, showed no diligence in pursuing the formal referral, and that granting an extension would unfairly prejudice the employer; rescinding irrelevant witness summonses did not breach procedural fairness, therefore denial of the extension was reasonable.
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The Federal Court dismissed Balraj Shoan’s judicial review of his second removal from the CRTC, finding the Governor in Council acted fairly and reasonably.
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