Applicant
Respondent
In this case, the Attorney General of Canada applied for judicial review of a decision made by the Federal Public Sector Labour Relations and Employment Board (FPSLREB). The decision had dismissed the employer's application to declare five occupational health and safety (OHS) advisor positions excluded from a bargaining unit represented by the Public Service Alliance of Canada (PSAC). The employer had argued that the OHS advisors should be excluded based on conflict of interest and their confidential duties in labor relations matters. The burden of proof was on the employer to establish the positions as managerial or confidential. However, the Board concluded that the employer had failed to meet this burden. The Attorney General challenged the Board's decision regarding the conflict of interest element of paragraph 59(1)(g) and contended that the Board's reasons were unreasonable and did not address the employer's primary argument. The court agreed with the Attorney General's submission, finding that the Board's reasons were inadequate and had failed to address the central issues raised by the employer. Consequently, the court granted the application for judicial review, set aside the portion of the Board's decision related to paragraph 59(1)(g), and remitted it to the Board for reconsideration by a differently constituted panel.
Court
Federal Court of AppealCase Number
A-97-21Practice Area
Labour lawAmount
$ 2,500Winner
ApplicantTrial Start Date
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