Kenny v. Canada (Attorney General)

8 Dec 2022

Applicant

MAURICE KENNY

Law Firm / Organization

Pink Larkin

Lawyer(s)

THE FEDERAL GOVERNMENT DOCKYARD TRADES AND LABOUR COUNCIL EAST

Law Firm / Organization

Pink Larkin

Lawyer(s)

Respondent

ATTORNEY GENERAL OF CANADA

Law Firm / Organization

Not Specified

Lawyer(s)

Kenny v. Deputy Head (Department of National Defence), 2021 FPSLREB 91 involved Mr. Kenny challenging an adjudicator's decisions.
He had two grievances: not being allowed to return to his CFAD Bedford position and suspensions plus termination over a cell phone policy.
The adjudicator found Kenny medically fit but not returning, labeling it insubordination.
Consequently, the employer's disciplinary measures, including termination, were deemed justified.
For the return-to-work grievance, the employer's request for new medical data was found valid due to Kenny's changing stance on resuming work.
Initially, Kenny didn't want to return to CFAD Bedford, but after disliking a temporary Cape Scott role, he changed his mind.
The return-to-work grievance was dismissed based on these points.
The court deemed Kenny's temporary assignment not central to the grievance.
Ultimately, the court found no merit in Kenny's challenge, dismissing the application.
The court imposed a $1500.00 cost on the applicants.

Court

Federal Court of Appeal

Case Number

A-226-21

Practice Area

Labour law

Amount

$ 1,500

Winner

Respondent

Trial Start Date

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