Adjudicator refused to consider reasons underlying termination

Federal court | Employment

WRONGFUL DISMISSAL

Adjudicator refused to consider reasons underlying termination

Application for judicial review of decision of adjudicator appointed under s. 242 of Canada Labour Code that respondent was unjustly dismissed from her employment because personnel policy of employer provided right to pre-termination hearing before chief and council. Band Manager conveyed admissions of respondent employee regarding theft and attempted replacement of prescription medication of elder patient to chief and council for final decision regarding employee’s employment status. Application allowed and matter remitted back to different adjudicator for re-determination. Adjudicator erred in application of proper legal test for unjust dismissal by refusing to hear evidence and make determination as to cause for termination. Adjudicator failed to consider cause for termination and instead directed attention solely to procedures followed by employer in dismissing employee. Adjudicator breached procedural fairness in failing to allow evidence to be submitted and submissions made regarding reasons for termination. Adjudicator refused to consider reasons underlying termination and confined hearing to procedural matters which prevented all aspects of complaint from being fully assessed.
Couchiching First Nation v. Canada (Attorney General) (June 18, 2012, F.C., Near J., File No. T-686-11) 218 A.C.W.S. (3d) 561 (14 pp.).

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