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The Federal Court struck two judicial review applications as premature, holding the applicants had to pursue the FPSLRA grievance process first.
The appeal is dismissed: the Reviewer’s interpretation that promotion to DS-05 reasonably requires demonstration of sustained multi-year impacts was within the range of reasonable outcomes, and there was no procedural fairness breach because the fact that a single Committee member (the manager) changed his view was not a material adverse fact the Reviewer was required to disclose.
Source excerpt
The Federal Court dismissed Brad Gladman’s judicial review, finding no breach of procedural fairness in the IRM process and upholding the reviewer’s reasonableness on DS-05 promotion criteria.
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