Rouet c. Canada (Justice)
MARC-ANDRE ROUET
Law Firm / Organization
Unrepresented
ADMINISTRATEUR GENERAL (MINISTERE DE LA JUSTICE)
Law Firm / Organization
Department of Justice Canada

Mr. Rouet lodged an individual grievance against his dismissal during his internship as a lawyer for the Department of Justice Canada on March 31, 2011, under the Public Service Employment Act. The grievance was initiated under the Public Service Labor Relations Act and returned prior to legislative changes on November 1, 2014. The core issue revolved around whether the referral to arbitration was within the jurisdiction of the Decision-maker, given the stipulations of the Acts mentioned. In the proceedings numbered A-220-21, Mr. Rouet appealed a Federal Court judgment which transferred the application for judicial review of the Decision Maker's decision to a higher court. The appeal was immediately dismissed without costs, asserting that the higher court had the exclusive authority to review decisions from the Commission and grievance arbitrators due to an amendment in the Federal Courts Act in 2014. In the second proceeding, A-240-21, Mr. Rouet sought judicial review of the Decision Maker's conclusion. Mr. Rouet contended that the Decision Maker disregarded certain arguments, specifically about non-compliance with employer guidelines on dismissal during internships. He also challenged the Decision Maker's rationale for his dismissal. The court opined that the Decision Maker's decision, spanning 329 paragraphs, was comprehensive, well-supported by evidence, and followed the law correctly. The court emphasized the wide discretion employers have in evaluating intern trainees. Ultimately, Mr. Rouet's application for judicial review was dismissed, and he was ordered to pay the respondent a lump sum of $1,500 in costs.

Federal Court of Appeal
A-220-21
Labour law
$ 1,500
Respondent
31 August 2021