Kiame c. Syndicat des employées et employés nationaux (Alliance de la fonction publique du Canada)
Mona Kiame
Law Firm / Organization
Unrepresented
Syndicat des Employés et Employées Nationaux / AFPC
Law Firm / Organization
Public Service Alliance of Canada
Lawyer(s)

Zeni Andrade

- Parties: The applicant was Mona Kiame. The respondent was the Syndicat des employées et employés nationaux (Alliance de la fonction publique du Canada).

- Subject Matter: On Nov. 15, 2021, the applicant was laid off due to her refusal to be vaccinated against COVID-19. On Apr. 11, 2022, the applicant asked the union to file a grievance contesting the COVID-19 vaccination policy. The applicant filed a complaint under ss. 37 and 97(1) of the Canada Labour Code, 1985 against the Union of National Employees/Public Service Alliance of Canada. The Canada Industrial Relations Board dismissed the complaint on the grounds that the applicant failed to establish a prima facie case of a breach of the duty of fair representation on the union’s part. The applicant filed a judicial review application challenging the Board’s decision.

- Ruling: The appeal court ruled in the respondent’s favour, dismissed the judicial review application, and awarded no costs as the union did not seek any. The Board could reasonably dismiss the applicant's complaint since the evidence presented showed that the union considered the applicant’s arguments and explained to her why it would not file the grievance that the applicant wanted it to pursue, the appeal court held.

- Date: The hearing was set on June 3, 2024. The court released its decision on June 27, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.

Federal Court of Appeal
A-166-23
Labour law
$ 0
Respondent
24 June 2023