The Federal Court dismissed judicial review of a CHRT ruling that rejected a discrimination complaint arising from a hiring process and score change, finding the decision reasonable.
Because the applicant ceased to be an employee on layoff under s.64(4) PSEA and was therefore hired from outside the public service, he was subject to the statutory twelve‑month probation under s.61(1) and the Regulations; the Board reasonably concluded the employer had bona fide concerns about suitability and thus lawfully rejected him during probation, meaning the Board lacked jurisdiction over the grievance under FPSLRA s.211 and the PSEA, and the Board’s decision was reasonable and not procedurally unfair.
The Board's interpretation and remedial approach to section 12.1.2 of the Relocation Directive was unreasonable because it departed from mandatory, unambiguous language and applied an inconsistent, non‑textual 'common sense' analysis; the Federal Court of Appeal quashed the Board's decision and remitted the matter for reconsideration in accordance with proper contract interpretation and administrative law principles, and awarded costs to the applicant.
The Federal Court of Appeal dismissed the judicial review; the Board’s findings and reasons were reasonable and supported by the record, there was no demonstrable bias, favouritism, retaliation or nexus to racial discrimination, and the applicant failed to prove abuse of authority under para.77(1)(a) of the Act.
The Court held that Beaulac's purposive interpretive principles apply to Part V of the OLA and to Francophones in Quebec; however, on the facts the Toronto unilingual specialists did not supply a "service" to Montreal generalists within s.36(1)(a). Nevertheless OSFI breached s.36(2) by failing to take reasonable measures (eg. effective translation services, appropriate bilingual staffing profiles) to establish and maintain a work environment conducive to the effective use of both official languages; Federal Court decision dismissing Dionne's s.77 application was set aside and appeals allowed;…
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 did not err, therefore the appeal is dismissed.
The Deputy Head's refusal to accept the Committee's unanimous recommendation was unreasonable because he mischaracterized the Committee's findings and imposed an unsupported requirement that degree 6 Decision Making necessitates substantive national‑level recommendations; he failed to tie his reasons to the Committee's justification as required by the Directive; after repeated failures to justify rejection the court concluded the only reasonable outcome is acceptance of the Committee's recommendation and ordered redetermination consistent with that recommendation within 30 days.
The Federal Court dismissed an application for judicial review of an ESDC grievance decision about staffing an executive’s position during leave without pay.
Judicial review of a Public Service Commission fraud finding was dismissed. The Court held the investigation was fair, the finding reasonable, and the corrective action lawful.