Appellant
Respondent
- Parties: The appellant was Valerie Andruszkiewicz. The respondent was the Attorney General of Canada.
- Subject Matter: The appellant filed a judicial review application challenging a final level grievance decision of the Canada Border Services Agency (CBSA). The Federal Court determined that the CBSA grievance decision was reasonable and that the appellant had not been deprived of procedural fairness in the underlying harassment investigation or grievance process.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal without costs as the respondent sought none. The appeal court held that the Federal Court correctly identified reasonableness as the standard applicable to the merits or substance of the CBSA grievance decision and correctly found that the procedural fairness issues raised by the appellant required it to determine whether the CBSA’s procedure was fair in light of all the circumstances. The appeal court concluded that the CBSA’s grievance decision was justified and reasonable and that the appellant failed to establish any breach of her procedural fairness rights. The appeal court rejected the appellant’s argument that she was not afforded procedural fairness during the harassment complaint and grievance processes. The appeal court found that the complaint and grievance processes were participatory, open, and fair.
- Date: The hearing was set on June 6, 2024. The court released its decision on June 6, 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-133-23Practice Area
Employment lawAmount
$ 0Winner
RespondentTrial Start Date
12 May 2023Download documents