Federal Court

Administrative Law

Applicant received notice of hearings and had two opportunities to make case

Applicant was full-time employee of band since 1976. There was no employment contract. Band adopted severance pay policy for full-time employees in respect of employment prior to 1997. Applicant argued decision deprived applicant of severance pay of two weeks for each year of service from 1976 until retirement in 2011. Band provided applicant with hearing. Applicant chose not to appear before council and make representations. Applicant did not appeal decision. Application for judicial review was dismissed. Policy or practice to pay severance for all employees was not established. There was no documentary evidence to support assertion that policy abolished pre-existing entitlement to two weeks of severance pay for every year worked. Decision could not be impugned on basis of procedural fairness. Applicant received notice of hearings and had two opportunities to make case.

Belleau v. Garden River First Nation (May. 6, 2013, F.C., Donald J. Rennie J., File No. T-627-12) 227 A.C.W.S. (3d) 913.

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