LABOUR RELATIONS |
Chalifoux v. Driftpile First Nation
A-559-01
2002 FCA 521, Desjardins J.A.
23/12/02
11 pp.
Appeal from Gibson J.'s decision dismissing application for judicial review brought by appellant against second decision of adjudicator--Respondent Driftpile First Nation failed to renew employment contract of appellant as elementary school teacher at end of 1995-1996 school year--Matter went before adjudicator--Adjudicator concluded appellant had been subject of wrongful dismissal--Adjudicator awarded compen-sation but not reinstatement--Decision came under review before Campbell J.--Campbell J. set aside decision respecting reinstatement only and referred matter back to same adjudicator for reconsideration--Adjudicator reviewed matter but declined to direct respondent to reinstate appellant-- Appellant brought an application for judicial review against second decision of adjudicator but Gibson J. dismissed application--Appellant claimed adjudicator breached rule of natural justice and fettered discretion--Wording of Canada Labour Code, s. 242(4) in conjunction with strong privative clause found in Code, s. 243 suggesting intention of Parliament to vest adjudicator with final jurisdiction on remedies--Hence, Parliament recognizing expertise of adjudicator in area of labour law--Word "may" found in Code, s. 242(4) also suggesting reinstatement only one of number of remedies available to adjudicator--In review of discretionary powers, weighing of relevant factors for or against award of reinstatement not function of court of law-- Hence, where statutory discretion exercised in good faith and in accordance with principles of natural justice and reliance placed upon relevant considerations, court should not interfere --In order to appreciate appellant's claim of reasonable apprehension of bias, adjudicator's statement ("I have never ordered former employer to reinstate former employee") must be examined in context--Comments of adjudicator do not indicate refusal to ever order award of reinstatement, but simply that he has never ordered such award--Consequently, Court cannot find comments of adjudicator raising reasonable apprehension of bias--Code s. 242 establishing adjudicators having very broad discretion in fashioning appropriate remedy for unjust dismissal--Court found no reviewable error in Gibson J.'s appreciation of adjudicator's decision, therefore intervention of Court not necessary--Appeal dismissed-- Canada Labour Code, R.S.C., 1985, c. L-2, ss. 242(4), 243.