Federal Court


Employment

WRONGFUL DISMISSAL
Decision terminating unjust dismissal claim set aside on judicial review

Adjudicator’s March 2014 decision terminated applicant’s unjust dismissal claim. Adjudicator had been advised that parties had reached settlement. Applicant applied for judicial review of March 2014 decision. Applicant denied agreeing to terms of alleged settlement between counsel and employer. Application granted. Evidence as to whether parties reached agreement was contradictory. Counsel did not inform applicant clearly of what would be included in agreement. Applicant refused to sign settlement documents because they did not reflect terms he agreed to. Applicant’s affidavit specifically stated that he never agreed to proposed terms. Counsel’s affidavit was not specific enough to displace that evidence. Possible that counsel misunderstood what applicant was prepared to accept. Adjudicator’s decision was based on settlement that never occurred. Decision was set aside.

Baptiste v. 3903214 Canada Inc. (GT Group) (May. 19, 2015, F.C., George R. Locke J., File No. T-880-14) 254 A.C.W.S. (3d) 852.

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