Appellant
Respondent
- Parties: The appellant was the Attorney General of Canada. The respondent was Patrick Lawlor.
- Subject Matter: This case arose from a job classification decision. In 2011, new responsibilities were added to the position of the respondent, who has served as a risk analyst for the Royal Canadian Navy since Feb. 15, 2010. This position was classified at the AS-04 level. In 2018, the respondent’s manager requested that the respondent’s position be retrospectively reclassified as AS-05, going back to 2011, in view of the added responsibilities. The respondent filed a grievance with the Classification Grievance Committee. The Committee’s report recommended that the position remain classified as AS-04. The Director General, Workplace Management, Department of National Defence issued a final decision adopting the Committee’s report recommendation. The Federal Court allowed the respondent’s judicial review application challenging the final decision. On appeal, the appellant alleged that the application judge erred in her interpretation of the Administrative Services Classification Standard and in not reading the Classification Standard as a whole.
- Ruling: The appeal court ruled in the appellant’s favour. It set aside the Federal Court’s judgment, dismissed the judicial review application, and restored the Director General’s decision approving the Committee’s recommendation.
- Date: The hearing was set on Mar. 22, 2023. The court released its decision on Mar. 30, 2023.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: No financial award was specified.
Court
Federal Court of AppealCase Number
A-176-22Practice Area
Employment lawAmount
$ 0Winner
AppellantTrial Start Date
01 September 2022Download documents