Federal appeal | Labour and Employment Law
Public service employees
Appeal and judicial review
Credibility of witnesses lay at heart of Commission’s expertise
Applicant brought application for judicial review of dismissal of unfair labour practice complaint. Applicant sought adjournment to file motion requesting disqualification of two of three members of panel. Two judges had previously dismissed applicant’s application for leave to appeal to Supreme Court in earlier proceeding. Application dismissed. Applicant failed to explain why he waited until morning of hearing to apply. Composition of Bench available by request two weeks before date of hearing. Commission did not commit error in requiring applicant to proceed first as it had control of its procedure. Issue of presentation of evidence was discussed and it was agreed that applicant would present his evidence first. Commission assessed evidence and concluded that it was credible, in good faith, and that neither of complaints contained evidence of retaliation against applicant. Commission’s conclusion on credibility of witnesses lay at heart of its expertise.
Pierre c. Clément (2016), 2016 CarswellNat 6742, 2016 CAF 308, Noël C.J., Trudel J.A., and Richard Boivin J.A. (F.C.A.); application for judicial review refused (2015), 2015 CarswellNat 1948, 2015 CarswellNat 1949, 2015 PSLREB 49, 2015 CRTEFP 49, Linda Gobeil Member (Can. P.S.L.R.E.B.).
Appeal and judicial review
Credibility of witnesses lay at heart of Commission’s expertise
Applicant brought application for judicial review of dismissal of unfair labour practice complaint. Applicant sought adjournment to file motion requesting disqualification of two of three members of panel. Two judges had previously dismissed applicant’s application for leave to appeal to Supreme Court in earlier proceeding. Application dismissed. Applicant failed to explain why he waited until morning of hearing to apply. Composition of Bench available by request two weeks before date of hearing. Commission did not commit error in requiring applicant to proceed first as it had control of its procedure. Issue of presentation of evidence was discussed and it was agreed that applicant would present his evidence first. Commission assessed evidence and concluded that it was credible, in good faith, and that neither of complaints contained evidence of retaliation against applicant. Commission’s conclusion on credibility of witnesses lay at heart of its expertise.
Pierre c. Clément (2016), 2016 CarswellNat 6742, 2016 CAF 308, Noël C.J., Trudel J.A., and Richard Boivin J.A. (F.C.A.); application for judicial review refused (2015), 2015 CarswellNat 1948, 2015 CarswellNat 1949, 2015 PSLREB 49, 2015 CRTEFP 49, Linda Gobeil Member (Can. P.S.L.R.E.B.).
