Canadian Airlines International Ltd. v. Husain
A-193-95
Stone J.A.
5/5/98
4 pp.
Appeal from trial judgment upholding adjudicator's decision respondent's dismissal unjust-Canada Labour Code, s. 242(3.1)(a) prohibiting consideration of complaint by adjudicator where person laid off because of lack of work or discontinuance of function-Decision to terminate respondent allegedly resulting from reorganization of personnel when industry facing severe economic downturn resulting in lack of work-Adjudicator finding work functions done by complainant, apart from authoring, continued by other employees of appellant-Appeal allowed-Flieger v. New Brunswick, [1993] 2 S.C.R. 651 holding "discontinuance of function" will occur when that set of activities forming office no longer carried out as result of decision of employer acting in good faith-Bundle of work functions formerly performed by respondent decentralized or performed outside of operations by aircraft manufacturer-No evidence decision to terminate respondent's employment not "good faith" decision required by Flieger-Adjudicator not making specific finding appellant acted in bad faith-Erred in interpretation of s. 242(3.1) and application thereof to factual record before him-Adjudicator lacking jurisdiction to make award-Motions Judge correspondingly erred in law in upholding award-Appeal allowed-Canada Labour Code, R.S.C., 1985, c. L-2, s. 242(3.1) (as am. by R.S.C., 1985 (1st Supp.), c. 9, s. 16).