Morris Klos, the applicant sought a judicial review of the Federal Public Sector Labour Relations and Employment Board's decision dated March 3, 2022 (2022 FPSLREB 11).
The Board concluded it lacked jurisdiction over certain grievances under s. 209(1)(b) of the Federal Public Sector Labour Relations Act, S.C. 2003, c. 22, s. 2, which should pertain to disciplinary actions like termination, demotion, or financial penalties.
The Board dismissed the grievances, determining they did not relate to disciplinary actions.
During the judicial review, the applicant tried to introduce materials not presented to the Board, but these were deemed inadmissible.
The Board's decision was labeled as "reasonable" based on the facts and laws available. It gave a comprehensive explanation for its decision.
Despite allegations from the applicant about the Board neglecting natural justice and procedural fairness principles, the Court disagreed. The Board followed proper procedures and provided the applicant opportunities for submissions.
The applicant argued for an oral hearing, but legal precedent and statutes confirmed written submissions suffice.
The Board's delay was critiqued as an "abuse of process," but the issue wasn't initially presented to the Board, making it inappropriate for review in the Court.
Other concerns raised by Mr. Klos, including the Charter and the Criminal Code, were deemed irrelevant to the narrow issue of the judicial review.
The Court decided to dismiss the application, charging the costs to the applicant.
