Applicant
Respondent
The applicant seeks judicial review of an award that found their dismissal of the respondent unjust and awarded compensation. The applicant requests the court to set aside the award, uphold the dismissal, and require the respondent to repay the awarded funds. The court grants the application for judicial review, remitting the matter to a new adjudicator. The applicant, an airline, removed the respondent, a commercial pilot, from duty due to concerns about their fitness. The respondent's behavior and attitude were reported as potentially compromising safety. The investigation and communication between the parties resulted in the respondent's suspension and subsequent dismissal. The application is allowed, and the previous decision is set aside. The matter will be heard by a new adjudicator who should consider submissions regarding the requirement for pilots to be notified in writing for medical examinations. The Respondent does not need to repay any funds received until a decision is reached by the new adjudicator. No costs are ordered for this decision.
Court
Federal CourtCase Number
T-616-20Practice Area
Labour lawAmount
Winner
ApplicantTrial Start Date
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