LABOUR RELATIONS |
St. Lawrence Seaway Management Corp. v. Bourgeois
T-1187-01
2003 FC 1117, Pinard J.
1/10/03
9 pp.
Judicial review of decision by Adjudicator appointed under Canada Labour Code, s. 242, allowing complaint of unjust dismissal filed under Code, s. 240-- Adjudicator finding respondent always permanent employee of Corporation, therefore unjustly dismissed--Accordingly ordered respondent reinstated in Corporation as unrepresented permanent eligible employee on same terms of employment enjoyed until September 30, 1998 inclusive--Whether Adjudicator had jurisdiction to hear respondent's complaint under Code, s. 242(3.1)(a)--Settled law providing "discontinuance of function" when function abolished, tasks or duties distributed among other employees in context of centralization or reorganization of employer's activities--No bad faith by employer as respondent herself had signified, prior to public service transfer from the Authority to Corporation, acceptance in writing of temporary occupation held at time of dismissal--Evidence not undermining presumption of applicant's good faith--Absent bad faith on part of employer, Adjudicator had no jurisdiction, therefore, under s. 242(3.1)(a), to hear respondent's complaint --Adjudicator's decision therefore in error, set aside--Canada Labour Code, R.S.C., 1985, c. L-2, ss. 240, 242(3.1)(a), 243.