Dismissal of complaint under s. 190 of Public Service Labour Relations Act upheld on judicial review

Federal appeal | Employment

PUBLIC SERVICE

Dismissal of complaint under s. 190 of Public Service Labour Relations Act upheld on judicial review

Complainant alleged employer refused to consider her candidacy for acting appointment because she exercised union functions. Public Service Labour Relations Board dismissed complaint brought under s. 190 of Public Service Labour Relations Act. Complainant argued she did not receive fair and equitable hearing. Complainant brought application for judicial review. Application dismissed. Section 191(3) of Act did not impose reverse onus. Board chose to reject procedural objections submitted by complainant, inviting her to present her evidence before that of employer. Although board did not provide written reasons for this decision, case file allowed court to infer that complaint was not as sufficiently clear as complainant alleged. Board did not commit any errors of law or any procedural errors by inviting complainant to present evidence at beginning of hearing. Board sought to determine whether complainant had been victim of unlawful distinctions prohibited by s. 186(2) of Act during relevant period. It was also clear that board heard complainant’s grievances and all pertinent evidence.
Gal c. Agence du revenu du Canada (Sep. 9, 2015, F.C.A., Johanne Trudel J.A., Boivin J.A., and De Montigny J.A., File No. A-530-14) 257 A.C.W.S. (3d) 847.

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Labour and employment lawyer Muneeza Sheikh opens her practice as part of 'building a brand'

Ontario Superior Court awards damages in domestic assault case due to defendant's default

Ontario Privacy Commissioner calls for stronger access and privacy protections

Ont. Superior Court upholds Human Rights Tribunal's denial of reconsideration in discrimination case

Gowling's Mark Giavedoni on the housing shortage and logistics sector 'boom in real estate'

Ont. Superior Court orders tenant to vacate housing despite ongoing human rights tribunal dispute

Most Read Articles

Labour and employment lawyer Muneeza Sheikh opens her practice as part of 'building a brand'

Ontario Court of Appeal rules tenant responsible for snow removal in slip and fall case

Ont. Superior Court orders tenant to vacate housing despite ongoing human rights tribunal dispute

Gowling's Mark Giavedoni on the housing shortage and logistics sector 'boom in real estate'