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The Federal Court struck out Maria Makrikostas’s judicial review as premature, finding the CBSA letter was an interim step and the grievance process under the FPSLRA was available.
The Federal Court granted judicial review, finding the Final Authority’s brief grievance decision unreasonable because it failed to meaningfully address the applicant’s detailed submissions.
The Federal Court granted judicial review of an RCMP grievance decision, finding the delay in a transfer was not reasonably explained and the policy interpretation lacked justification.
The Federal Court dismissed Mr. Haynes’s appeal, upholding the striking of his claim because the FPSLRA grievance scheme barred the action and left no jurisdiction.
The Board reasonably applied heightened scrutiny because the employee could not grieve independently, found on the facts that the bargaining agent's expertise produced a closed mind and a superficial analysis amounting to arbitrary conduct, and lawfully concluded there was a breach of the duty of fair representation; the Court dismissed the judicial review as the Board's decision met the reasonableness standard.
Source excerpt
Subsection 236(1) of the FPSLRA unequivocally bars civil actions in respect of disputes relating to terms and conditions of employment; the appellant failed to establish any exception (such as complete corruption or incapacity of the grievance process), failed to show inadequate accommodation or reasonable apprehension of bias, and therefore it was plain and obvious to strike the statement of claim without leave to amend; the appeal is dismissed.
Source excerpt
The Federal Court correctly applied the reasonableness standard and properly assessed procedural fairness; the CBSA grievance decision, read together with the two investigation reports and the Advisor's précis, discloses the key bases for its conclusions, is reasonable, and there was no breach of the appellant's right to procedural fairness; therefore the appeal is dismissed.
Source excerpt
La Cour fédérale accueille en partie le contrôle judiciaire d’un grief de détenu : seul le transfert d’urgence en secteur médium est annulé et renvoyé.
Federal Court dismissed Mr. Lill’s judicial review, finding one grievance-handling step unreasonable but refusing relief and upholding the rejection of retaliation allegations.
The Federal Court found the grievance decision unreasonable and sent the matter back to the Final Authority for redetermination by a different decision maker.
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