Employee failed to establish either incompetence or miscarriage of justice

Federal court | Human Rights Legislation

JUDICIAL REVIEW

Employee failed to establish either incompetence or miscarriage of justice

Application by employee for judicial review of decision of Canadian Human Rights Tribunal awarding employee modest damages and costs. Employee was federal civil servant who applied for administrative position with Royal Canadian Mounted Police (“RCMP”). Employee was initially told she was successful candidate. Employee authorized RCMP to access her personnel leave file, which documented significant leave due to two motor vehicle accidents. Employee was then informed she was no longer being considered for position. Employee suffered panic attack and went on long-term disability. Employee filed complaint of discrimination. RCMP admitted liability and offered employee position. Employee accepted position and was awarded $4,000 for damages plus $5,814 for costs. Application dismissed. Employee failed to establish any reviewable errors. Allegation that tribunal unreasonably refused to postpone hearing could not be considered due to lack of evidence. Employee could have brought motion for order compelling tribunal to produce transcript but failed to do so. Tribunal had not erred in focusing on remedy rather than conducting complete hearing. Employee had not raised any concerns at hearing while represented by counsel. More importantly, RCMP had admitted liability so there was no need to address liability. Employee provided no evidence in support of allegation that her counsel was incompetent. Employee failed to establish either incompetence or miscarriage of justice. Tribunal provided clear and intelligible reasons for its assessment of damages and its decision was reasonable.

Berberi v. Canada (Human Rights Tribunal) (Apr. 21, 2011, F.C., Heneghan J., File No. T-1433-09) 203 A.C.W.S. (3d) 143 (22 pp.).

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