Federal Court

Administrative Law

Discovery of modified complaint form did not violate applicant’s right to natural justice

Adjudicator allowed complaint of unjust dismissal made by respondent and ordered respondent be compensated for loss of pay for period indicated in decision. Application for judicial review was dismissed. Adjudicator had jurisdiction to hear and decide complaint. None of jurisdictional challenges raised by applicant at hearing of complaint were justified. There was no breach of rules of natural justice or procedural fairness. Adjudicator rightly found that discovery of modified complaint form at hearing did not violate applicant’s right to natural justice and procedural fairness. Applicant was given adjournment. There was no evidence applicant suffered prejudice from admission of two complaint forms. Decision on merits was reasonable.

Burnt Church

(Esgenooopetitj) First Nation v. Bartibogue (July 11, 2011, F.C., Martineau J., File No. T-1006-10) 205 A.C.W.S. (3d) 9 (16 pp.).

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