Aziz v. Telesat Canada
T-2472-94 / T-2281-94
Heald D.J.
1/12/95
14 pp.
Application for judicial review of two decisions of arbitrator under Canada Labour Code (1) finding applicant had been dismissed with just cause, but (2) awarding compensation (sum equivalent to six months' salary) payable by Telesat-Application dismissed with respect to finding of justified dismissal but allowed with respect to compensation order-Judicial review available despite privative clause in Code, s. 243, but restricted to errors of jurisdiction-Standard of review with respect to errors of fact and law: patent unreasonableness; with respect to errors concerning jurisdiction: correctness-With respect to finding of justified dismissal, decision containing no reviewable error of fact; not patently unreasonable-With respect to compensation order, adjudicator erred in law as lacked jurisdiction to grant relief-No jurisdiction vested in adjudicator to award compensation unless and until finding of unjust dismissal made-Canada Labour Code, R.S.C., 1985, c. L-2, s. 243.