Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The Federal Court dismissed a judicial review of a workplace-harassment investigation, finding no procedural unfairness, no unreasonable findings, and no basis for mandamus.
The Tribunal found objective evidence of unsolicited race-based harassment and discrimination, the employer's investigation was rushed and effectively closed without adequate remedy leading to reprisal and social isolation, the Added Party had already pursued the reasonable alternative of complaint but it was not effectively remedied and he suffered workplace-related psychological injury; therefore he had no reasonable alternative to quitting and had just cause, so the employer's appeal is dismissed.
Source excerpt
The Federal Court found the CFIA’s refusal to accept a grievance unreasonable because its reasons did not explain why an alternative statutory process barred the grievance.
The Federal Court granted, by consent, Susan Holita’s judicial review, set aside ESDC’s acceptance of an investigative report, and remitted the matter for redetermination.
The Federal Court dismissed a judicial review of a CBSA grievance decision, finding no procedural unfairness, no bias, and no unreasonableness under Vavilov.
The tribunal found the appellant voluntarily quit; although harassment by board members was established, the appellant had reasonable alternatives at the time of quitting (including remaining to the contract end and pursuing remedies), she failed to prove her working conditions constituted a danger to her health with specific medical evidence, and she materially contributed to the antagonism; therefore she did not have just cause under s.29(c) and is disqualified from EI benefits.
Source excerpt
La Cour fédérale rejette le contrôle judiciaire et confirme comme raisonnable la décision arbitrale ayant remplacé le congédiement de Denis Sauvé par une suspension de quatre mois.
The Federal Court dismissed Angela Joshi’s judicial review as moot, finding no live workplace controversy and declining to exercise discretion to hear the merits.
The court found brief non-consensual touching of a subordinate, but held it did not justify dismissal for cause. The employer’s affidavit demand and termination were unjustified.
The Court of Appeal deferred to the trial judge's factual findings and proportionality analysis and dismissed the challenge to the finding of just cause for summary dismissal, but held the misconduct did not meet the higher statutory wilful misconduct standard for ESA disentitlement and awarded eight weeks' termination pay; the respondent's litigation misconduct disentitled it to costs of the trial, so the trial costs award was set aside and no costs of the trial were ordered.
Source excerpt
Explore more
