LABOUR RELATIONS
Judicial review of decision by Federal Court Judge (2003 FC 853) reversing award by Adjudicator appointed in accordance with Canada Labour Code—Adjudicator dismissing unjust dismissal grievance filed by respondent— Judge ordering reinstatement of respondent, referring matter back to Adjudicator on question of quantum of financial compensation payable by employer, appellant Band Council— Appellant arguing Judge erred in applying reasonableness simpliciter as standard of review and substituting own opinion for that of Adjudicator—Adding Judge did not have jurisdiction to order respondent be reinstated—Appropriate standard of review for findings of fact, Adjudicator’s inferences patent unreasonableness—At time of dismissal, respondent, with 25 years of continuous service with Band, managing finance, administration section since 1986— Council dismissing respondent for acts amounting to what perceived as extremely serious, unacceptable conduct, even fraudulent manoeuvres, with respect to employer— Adjudicator painstakingly analyzing each allegation made against respondent, respondent’s service—Finding first eleven unfounded, but last two justified, i.e. relating to backdated signature of administrative employee contracts and to issuing cheque for $9,880 to order of respondent—Findings to effect bank accounts manipulated, employment contracts backdated findings of fact supported by evidence, not subject to judicial review—Adjudicator making two errors of law when said “Once the employer has established sufficient grounds for relying on a breach of the relationship of trust, the way it reacts—the penalty—is for it to decide”—Adjudicator confusing fault committed justifying penalty with breach of relationship of trust, which could justify nature of penalty applied—Adjudicator relying on old decision of Supreme Court of Canada, Port Arthur Shipbuilding Company v. Arthurs et al., [1969] S.C.R. 85, now obsolete—Adjudicator erring in law, must review matter to decide, based on all circumstances, relevant principles, whether dismissal without compensation appropriate measure—Application allowed in part—Canada Labour Code, R.S.C., 1985, c. L‑2.
Fontaine v. Band Council of Montagnais Uashat Mak Mani‑Uténam (A‑402‑03, 2005 FCA 357, Décary J.A., judgment dated 31/10/05, 15 pp.)