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Federal Court dismissed three judicial review applications arising from an unjust dismissal award, holding the adjudicator’s no-transcript process, remedial rulings, damages, and costs were reasonable.
The application for judicial review was dismissed as premature because the Board had not exhausted the administrative process, the Board has statutory authority and jurisdiction to decide and to grant remedies such as reinstatement and back pay, the applicant did not demonstrate exceptional circumstances to bypass the administrative route, and the Canada Labour Code provisions relied on did not authorize the applicant to seek injunctive relief.
Source excerpt
The Board's failure to deduct or account for income earned from comparable sources from February 10, 2017 onward lacked evidentiary basis and was unreasonable; remedial award for that period was set aside and remitted for reconsideration with a new hearing to allow evidence and submissions on mitigation and nexus.
Source excerpt
The Federal Court dismissed cross-applications for judicial review over remedy in an unjust dismissal case, upholding the tribunal’s no-reinstatement, damages, and costs rulings.
The Federal Court upheld a finding of racial discrimination by the Tribunal but set aside the remedy ruling, holding the wrong test was used for lost-position relief.
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