Labour Relations
Motion to return order to Adjudicator for particulars—Adjudicator, appointed under Canada Labour Code, R.S.C., 1985, c. L-2, s. 242 to determine complaint by applicant against respondent for alleged unjust dismissal, ordering respondent to pay complainant $25,735.28, interest on 50% of that sum, 50% of complainant’s reasonable costs of litigation—Adjudicator not functus officio until completing task of rendering award where amounts awarded clearly stipulated—Notion of functus officio more flexible with regard to administrative tribunals than courts, more matter of policy considerations of need for finality of decision—Adjudicator not issuing award capable of enforcement, remaining seized of matter—Motion allowed.
Larocque v. Louis Bull Tribe (T-1803-06, 2008 FC 1402, Phelan J., order dated December 22, 2008, 8 pp.)