Date: 20070111
Docket: A-211-06
Citation: 2007 FCA 19
CORAM: DÉCARY J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
CHRISTIAN AUCLAIR
and
ATTORNEY GENERAL OF CANADA
Hearing held at Montréal, Quebec, on January 11, 2007.
Judgment delivered at Montréal, Quebec, on January 11, 2007.
REASONS FOR JUDGMENT OF THE COURT:
Date: 20070111
Docket: A-211-06
Citation: 2007 FCA 19
CORAM: DÉCARY J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
CHRISTIAN AUCLAIR
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec, on January 11, 2007)
[1] In our view, Umpire Martin not only could, but had to intervene in this case.
[2] In concluding that the claimant had not lost his employment through misconduct, the Board of Referees decided the following:
The Board of Referees did not find that the act in question was wilful or deliberate or so reckless as to approach wilfulness to the extent that it would have resulted in the claimant losing his job
[3] Since the claimant acknowledged having made abusive remarks concerning his employer, it was clear that his remarks were deliberate and voluntary.
[4] Moreover, it was not for the Board of Referees to consider whether dismissal was the appropriate disciplinary action in view of the alleged misconduct.
[5] This application for judicial review will be dismissed with costs.
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
STYLE OF CAUSE: christian Auclair
v.
ATTORNEY GENERAL OF Canada
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: January 11, 2007
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
DELIVERED FROM THE BENCH BY: DÉCARY J.A.
APPEARANCES
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FOR THE APPLICANT
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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CONSEIL CONJOINT NO. 91 DES TEAMSTERS DU QUÉBEC Montréal, Quebec
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FOR THE APPLICANT
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Deputy Attorney General of Canada Montréal, Quebec |
FOR THE RESPONDENT
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