The Court dismissed an application to quash the decision of the Respondent Town, terminating the employment of the Applicant. Due to the section of the Municipalities Act, under which the Applicant held office, her employment was not governed by the law of contract. The Town owed the Applicant a duty of fairness, which they had discharged.

Administrative law – Decisions of administrative tribunals – Municipalities – Employment law – Termination of employment – Public law vs. Contract law – Public officer – Judicial review – Compliance with legislation – Procedural requirements and fairness Cronkhite v. Nackawic (Town), [2009] N.B.J. No. 107, 2009 NBQB 110, New Brunswick Court of Queen’s Bench, April ...

The appeal by Carter from the dismissal by the Supreme Court of her petition for judicial review of the decision of a British Columbia Human Rights Tribunal (the “Tribunal”) which had dismissed her complaint under Section 27(1)(d)(ii) of the Human Rights Code, R.S.B.C. 1996 c.210 (the “Code”) was dismissed where the Court agreed that the Tribunal was within its jurisdiction to dismiss the claim in circumstances where proceeding would have resulted in the same or nearly the same award as a rejected and reasonable settlement offer

Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction – Public interest – Employment law – Termination of employment – Human rights complaints – Discrimination – Disability – Judicial review – Jurisdiction of tribunal – Standard of review – Patent unreasonableness – Natural justice Carter v. Travelex Canada Ltd., [2009] B.C.J. ...

Employer’s refusal to allow a woman who had taken maternity and parental leave to return to work at the conclusion of her leave can be discrimination on the basis of sex. However, in such a case, the Human Rights Tribunal must consider all of the circumstances and ask whether it is reasonable to infer that the maternity leave was a causative factor in the refusal to continue employment. Where the refusal to continue the woman’s employment following maternity leave is based not on the prohibited ground of sex, but rather on the basis of customer or employer preference for the replacement worker, and where valid reasons are provided for the preference, unconnected to any prohibited grounds, an inference of discrimination will not be justified.

24. March 2009 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Gender – Employment law – Termination of employment – Judicial review – Evidence Human Rights Commission v. Newfoundland and Labrador (Minister of Health and Community Services), [2009] N.J. No. 34, 2009 NLCA 9, Newfoundland and Labrador Supreme ...

The City of Hamilton was successful in its motion to quash two applications for judicial review concerning the termination of three former employees where the court held that the public employees were governed by contract law and contract law displaced public law as the more appropriate forum in which the employees were required to seek a remedy, as per Dunsmuir v. New Brunswick [2008] S.C.J. No. 9

24. February 2009 0
Administrative law – Employment law – Termination of employment – Parallel action – Wrongful dismissal – Public law vs. Contract law – Judicial review application – Striking out – Compliance with legislation – Procedural requirements and fairness – Costs Redmond v. Hamilton (City), [2008] O.J. No. 5233, Ontario Superior Court of Justice, December 17, 2008, ...

An employee (“Dunsmuir”) who was dismissed from his employment at the Department of Justice of the Province of New Brunswick (the “Province”) was unsuccessful in appealing the dismissal. The pragmatic and functional approach was replaced with a standard of review analysis with only two standards of review (correctness and reasonableness) for courts reviewing decisions of administrative tribunals. No consideration needed to be given to a public law duty of procedural fairness because the employment relationship between Dunsmuir and the Province was governed by private law and contract law.

22. April 2008 0
Administrative law – Employment law – Terms of agreement – Termination of employment – Adjudications – Jurisdiction – Decisions of administrative tribunals – Labour and employment boards – Judicial review – Patent unreasonableness – Reasonableness simpliciter – Correctness – Procedural requirements and fairness – Privative clauses – Compliance with legislation Dunsmuir v. New Brunswick, [2008] ...

A construction company appealed a chambers judge’s decision which had overturned the Human Rights Panel’s determination and finding that the Respondent had been the victim of discrimination because of the company’s drug testing policy. The chambers judge’s conclusion that the effect of the company’s policy was to exclude the Respondent from employment on the basis of perceived disability could not be sustained. There was a clear connection between the policy and its purpose, which was to reduce workplace accidents by prohibiting workplace impairment.

26. February 2008 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Drug and alcohol testing – Policies – Discrimination – Disability – Duty to accommodate – Employment law – Termination of employment – Judicial review – Standard of review – Correctness – Patent unreasonableness Alberta (Human Rights and Citizenship Commission) ...

An appeal by the Employment Standards Branch from a judicial review decision holding that missing a statutory time limit to bring an Employment Standards Complaint was not a mandatory bar to the complaint was dismissed

22. January 2008 0
Administrative law – Decisions of administrative tribunals – Employment Standards Branch – Limitations – Employment law – Termination of employment – Judicial review – Compliance with legislation – Jurisdiction of court – Standard of review – Patent unreasonableness Karbalaeiali v. Canada (Deputy Solicitor General, Employment Standards Branch), [2007] B.C.J. No. 2542, British Columbia Court of Appeal, ...

A First Nations Constable sought judicial review of his dismissal from Police Service arising from complaints of sexual misconduct. The Court quashed the Police Chief’s decision, finding that the Applicant was a public office holder and therefore he was owed a duty of fairness prior to his dismissal, which he had not received.

26. December 2006 0
Administrative law – Decisions of administrative tribunals – Police – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Sexual relations – Penalties and suspensions – Aboriginal issues – Employment law – Termination of employment – Public officer – Labour law – Statutory provisions – Judicial review – Procedural requirements and fairness – Remedies – Certiorari McDonald v. Anishinabek Police ...

The Court quashed two Orders of the Governor in Council, first suspending the Applicant without pay from his duties as President and CEO of the Business Development Bank of Canada and, second, terminating his appointment. The Government had failed in its duty to treat the Applicant fairly

24. October 2006 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Employment law – Government employees – Termination of employment – Hearings – Fairness – Judicial review – Natural justice – Procedural requirements and fairness Vennat v. Canada (Attorney General), [2006] F.C.J. No. 1251, Federal Court, August 23, 2006, Noël J. The Applicant had been serving as President ...

The Court of Appeal dismissed an appeal by an employee from a decision setting aside an adjudicator’s order reinstating him to his former position, finding that the Province retained the right to dismiss non-unionized civil service employees for cause or with reasonable notice.

23. May 2006 0
Administrative law – Employment law – Termination of employment – Government employees – Decisions of administrative tribunals – Adjudications – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter New Brunswick (Board of Management) v. Dunsmuir, [2006] N.B.J. No. 118, New Brunswick Court of Appeal, March 23, 2006, W.S. Turnbull, ...