Bank of Nova Scotia v. Mathur
T-1819-96
Gibson J.
15/9/97
7 pp.
Termination of employment-Unjust dismissal-Application for judicial review of adjudicator's award respondent dismissed without just cause contrary to Canada Labour Code, s. 242-Respondent Project Manager in applicant's real estate department-Reorganization of structure within applicant's real estate department taking effect in August 1994-Employment of three Project Managers, including respondent, terminated-Respondent person described in Code, s. 240(1)-Standard of review of adjudicator's determination regarding jurisdiction "correctness"-Adjudicator concluding function of project management performed by respondent as Project Manager not discontinued-Decision reached by adjudicator reasonably open as respondent not laid off because of discontinuation of function-Adjudicator's decision correctly applying test for determining whether discontinuance of function as set out in Flieger v. New Brunswick, [1993] 2 S.C.R. 651-Adjudicator took into account all of evidence properly before him, relied on no irrelevant consideration-Application dismissed-Canada Labour Code, R.S.C., 1985, c. L-2, ss. 240 (as am. by R.S.C., 1985 (1st Supp.), c. 9, s. 15), 242 (as am. idem, s. 16).