Moricetown Indian Band v. Morris
T-1543-94
Muldoon J.
7/10/96
19 pp.
Application for judicial review of Adjudicator's decision holding she had jurisdiction to hear complaints made by respondents under Canada Labour Code because layoffs did not result from lack of work or discontinuance of function within meaning of Code, s. 242(3.1)(a)-Respondents employees in applicant Band office-Band experiencing serious financial difficulties-Band reducing staff in Band office to assist in deficit reduction-Respondents alleging no lack of work or discontinuance of function but replacement by other employees-"Discontinuance of function" defined in Flieger v. New Brunswick, [1993] 2 S.C.R. 65 as occuring "when that set of activities which form an office is no longer carried out as a result of a decision of an employer acting in good faith"-Adjudicator found on several occasions thoughout decision Band Council acted in good faith-Therefore, adjudicator lacking jurisdiction under Code, s. 242(3.1)(a)-Adjudicator's decision and order quashed and set aside-Canada Labour Code, R.S.C., 1985, c. L-2, s. 242(3.1)(a) (as am by R.S.C., 1985 (1st Supp.), c. 9, s. 16).