LABOUR RELATIONS |
Farrell v. Canada
T-1726-01
2002 FCT 1271, MacKay J.
6/12/02
8 pp.
Defendant moving for dismissal of action on basis no genuine issue for trial pursuant to Federal Court Rules, 1998, r. 213--Plaintiff claimed employment with Canadian Security Intelligence Service (CSIS) wrongfully terminated--Motion to strike based on issue related to defendant's submission-- Defendant submitted CSIS never employed plaintiff--Well settled that individual cannot become employee of Her Majesty in Right of Canada without specific appointment made in accord with procedure established in accord with statutes--Employment as public servant not arising by other means not inferred from facts alleged, unless facts include facts alleging authorized process properly followed-- Relationship between plaintiff and CSIS not alleged in terms necessary to establish employment by CSIS--No evidence regarding offer of employment authorized by Director of CSIS or delegate and no reference made to any written offer of employment--Legal basics for plaintiff's claim not established by facts set out-- Accordingly, statement of claim struck, plaintiff's action dismissed--Federal Court Rules, 1998, SOR/98-106, r. 213.