Kot v. Canada (Attorney General)
JAMES KOT
Law Firm / Organization
Not Specified
ATTORNEY GENERAL OF CANADA
Law Firm / Organization
Not Specified
Lawyer(s)

Joel Stelpstra

Key Points:

  • Termination: Kot's employment with the RCMP was terminated during a twelve-month probationary period in April 2017.
  • Probationary Status: Kot was on probation as he had been laid off from Transport Canada in 2015 and rehired in 2016 from outside the public service, per subsection 61(1) of the Public Service Employment Act (PSEA).

Arguments and Findings:

  1. Probationary Period:

    • Kot's Argument: Claimed he was not subject to probation due to priority status and lack of mention in his offer letter.
    • Court's Finding: The probationary period is statutory and non-negotiable. The Board's decision was reasonable.
  2. Termination Validity:

    • Kot's Argument: Alleged the Board ignored evidence and that his termination was a sham.
    • Court's Finding: The Board reasonably concluded Kot’s termination was based on bona fide concerns, including misuse of work email for personal disputes.
  3. Procedural Fairness:

    • Kot's Argument: Alleged unfair document disclosure.
    • Court's Finding: The Board adequately addressed document disclosure, ensuring Kot received necessary documents.

Decision:

  • Appeal Dismissed: The Court upheld the Board's decision, finding no basis for Kot’s claims, and dismissed the application without costs.
Federal Court of Appeal
A-41-21
Administrative law
Respondent