Policy and forms ambiguous about when time began to run

Federal court | Employment


Policy and forms ambiguous about when time began to run

Applicant employed by respondent since 1994, as auditor beginning in 1997 and as team leader beginning in 2002. After several poor performance appraisals, however, applicant demoted back to position as auditor in 2006. Applicant filed grievances regarding performance appraisals and demotion. Grievances referred to independent third party reviewer in April 2008. In September 2008, applicant went on leave for medical reasons. He complied with various requests for medical information until 2011, when he failed to respond. As result of failure, respondent terminated applicant for abandoning position in November 2011. Applicant filed grievance regarding termination. Grievance denied on Oct. 2, 2012. Union representative provided applicant with copy of decision on Oct. 16, advising that he had seven days from date of notice to request referral to independent third party reviewer. Respondent’s national conflict resolution office received applicant’s request for referral to independent third party reviewer on Oct. 29. Respondent denied request on basis it had been received out of time. Applicant brought application for judicial review, arguing time did not begin to run until he received formal notice of decision from respondent on Nov. 1. Application allowed. Both policy and forms were ambiguous about when time began to run. Ambiguity had to be resolved in favour of employee. Applicant, therefore, had until Nov. 8 to request referral. Respondent’s decision wrong and unreasonable in circumstances even if time began to run earlier. Matter should be remitted for decision in accordance with these reasons.
Haymour v. Canada Revenue Agency (Nov. 5, 2014, F.C., Henry S. Brown J., File No. T-377-14) 246 A.C.W.S. (3d) 117.

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Ford government’s cuts to Toronto city council ruled constitutional

Histories of Canadian law and Métis people are entwined, says Jean Teillet

More women are on TSX company boards - but there’s slow progress to the C-Suite, says Osler

GM lawyer Michael Smith becomes partner at Bennett Jones

Ontario court rules cap on general damages does not apply to sexual abuse

House of Commons reveals legal fee reimbursement over $54k

Most Read Articles

Ontario court rules cap on general damages does not apply to sexual abuse

Man discharged from his fourth bankruptcy

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident