Applicant
Respondent
- Parties: The applicant was Victor Walcott. The respondent was the Public Service Alliance of Canada.
- Subject Matter: The applicant filed a complaint alleging that his former union, the Public Service Alliance of Canada, failed in its duty of fair representation under s. 187 of the Federal Public Sector Labour Relations Act, 2003 in relation to his 1997 termination grievance. The Federal Public Sector Labour Relations and Employment Board summarily dismissed the applicant’s complaint. The applicant filed a judicial review application challenging the Board’s allegedly unreasonable decision. The applicant argued that the Board’s process was unfair. The applicant also moved to admit as new evidence two letters relating to the applicant’s termination grievance.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the application and motion without costs. The appeal court decided that the applicant failed to identify any reviewable error in the Board’s decision. The appeal court held that the Board’s reasons for summarily dismissing the complaint had the hallmarks of reasonableness – justification, transparency, and intelligibility – and were justified in relation to the factual and legal constraints. Regarding the motion, the appeal court noted that the letters were not before the Board and were not within any of the recognized exceptions for admitting evidence not before the decision-maker.
- Date: The hearing was set on Apr. 11, 2024. The court released its decision on Apr. 11, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: No financial award was specified.
Court
Federal Court of AppealCase Number
A-165-23Practice Area
Labour lawAmount
$ 0Winner
RespondentTrial Start Date
23 June 2023Download documents