Applicant
Respondent
- Parties: The applicant was Roger Klouvi. The respondent was the Attorney General of Canada.
- Subject Matter: The applicant worked as a program officer for Human Resources and Skills Development Canada. In April 2013, the employer dismissed him for violating the Values ??and Ethics Code for the Public Sector, for snooping in employment insurance databases, and for participating in a fraud involving several hundred thousand dollars. In November 2019, the Court of Quebec’s Criminal Division found him guilty of fraud and conspiracy charges. He filed a grievance relating to his dismissal. The Federal Public Sector Labour Relations and Employment Board dismissed the grievance. The applicant filed a judicial review application challenging this decision.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the judicial review application. The appeal court awarded the respondent costs since it saw no factor militating against the usual rule that it should award costs to the successful party. The appeal court held that the tribunal rightly pointed out that, when dealing with a grievance, it should proceed as if it were a new case and that it would be up to the employer to justify the decision subject of the grievance.
- Date: The hearing was set on Apr. 24, 2024. The court released its decision on Apr. 24, 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-281-23Practice Area
Employment lawAmount
$ 0Winner
RespondentTrial Start Date
19 October 2023Download documents