Burke v. Canada ( Employment and Immigration Commission )
T-615-92
MacKay J.
7/6/94
15 pp.
Application for judicial review of decision by Employment and Immigration Commission applicant not entitled to benefits under Labour Adjustment Benefits Act for 1988-Decision following determination by Federal Court of Appeal setting aside Commission's earlier decision under Federal Court Act, s. 28-Matter referred back to Commission for reconsideration-Mandate of Commission under Act, s. 14(2) to determine if otherwise qualified employee will suffer "severe financial hardship" unless labour adjustment benefits paid-Commission said to have unilaterally reduced statement of expenses submitted by applicant without allowing opportunity to justify or explain why guidelines used by Commission inappropriate or inapplicable-After consultation with Commission's legal officers and senior officer, adjudicator holding applicant not entitled to Labour Adjustment Benefits under Act, s. 14(2)-Commission's decision in relation to applicant's eligibility for benefits to be made on judicial basis, applying general provisions of Act to applicant's situation-Adjudicator consulting with others in department and with legal advisors concerning letter proposed to be sent in December 1990-Modest changes to draft letter suggested, adopted in final text of letter sent to counsel for claimant-Same process followed after submissions received from applicant's counsel by letter of October 2, 1991-Two modifications proposed by senior officer and adopted in final text of adjudicator's letter to applicant not significantly altering nature of decision as originally proposed to be set out-Decision concerning applicant's eligibility for benefits not influenced by others' comments on draft letter proposed by adjudicator-Adjudicator not improperly delegating authority to decide matter on behalf of Commission-No breach of principle of natural justice or of fairness-Commission giving applicant full opportunity to indicate how and why guidelines proposed to apply in reconsideration not justified-Guidelines used as objective standards for considering applicant's situation-Process followed by Commission in reconsidering decision concerning application for benefits for 1988 meeting requirements indicated by Court of Appeal decision and by law-Application dismissed-Labour Adjustment Benefits Act, R.S.C., 1985, c. L-1, ss. 13, 14-Federal Court Act, R.S.C., 1985, c. F-7, s. 28 (as am. by S.C. 1990, c. 8, s. 8).