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The Federal Court struck a judicial review application as premature, holding the workspace-allocation dispute was grievable under the FPSLRA and that no exceptional circumstances justified bypassing the grievance process.
The Federal Court struck two judicial review applications as premature, holding the applicants had to pursue the FPSLRA grievance process first.
The Federal Court of Appeal upheld the Federal Court: appellant failed to prove a breach of procedural fairness because there was no certified evidence that the contested documents were before the deputy assistant deputy minister and appellant did not use Rule 317 or cross-examination to establish that fact; absent such proof, and given that non-compliance with internal evaluation procedures is not ipso facto a procedural fairness violation, the judicial review must be dismissed.
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The Federal Court of Appeal held that sections 208 and 236 of the Federal Public Sector Labour Relations Act clearly remove court jurisdiction over disputes that can be the subject of a grievance under section 208, and that the respondents' claims (Charter s.2(d) and misfeasance tort) arise from an occurrence affecting terms and conditions of employment and therefore are barred; accordingly the Federal Court lacked jurisdiction and the statement of claim is struck in its entirety without leave to amend.
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The Federal Court struck a proposed class action alleging systemic racism at DND/CAF, holding FPSLRA s. 236 ousted jurisdiction for grievable claims and denying certification.
The Federal Court struck a self-represented inmate’s claim as premature, finding he had not exhausted the CSC grievance process and no exceptional circumstances justified bypassing it.
La Cour fédérale accueille le contrôle judiciaire de Christopher Lill, concluant que le décideur a omis d’examiner des éléments essentiels du grief et renvoie l’affaire.
The Federal Court correctly concluded that the appellant's allegations arise from his employment and are barred from court review by s.236 of the Public Sector Labour Relations Act which channels such disputes to the Act's grievance procedure; consequently the motion to strike was properly granted under r.221(1)(a) and (f); the constitutional challenge was not properly before the courts and was premature, so the appeal is dismissed.
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On a chambers application, the court held Sunrise Poultry’s claim over alleged time-theft arose from the collective agreement and fell within exclusive labour jurisdiction.
The Federal Court dismissed David Brown’s judicial review of a final grievance decision, finding the process fair, the reasons reasonable, and no basis to revisit Labour Program matters.
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