LABOUR RELATIONS |
Enoch Cree Nation Band v. Thomas
A-115-03
2004 FCA 2, Rothstein J.A.
6/1/04
5 pp.
Appeal from decision ((2003), 227 F.T.R. 236 (F.C.T.D.)) allowing judicial review from decision of Adjudicator appointed under Canada Labour Code (Code) finding no jurisdiction to hear complaint of unjust dismissal as respondent laid off because of lack of work or because of discontinuance of function within Code, s. 242(3.1)(a)-- Clements and Bearskin Lake Air Service Ltd., [1995] C.L.A.D. No. 942 sets out approach for determining whether employer may rely on s. 242(3.1)(a): employer must show economic justification for layoff and reasonable explanation for choice of employee to be laid off--No issue re: economic justification--As to choice of employee explanation, Adjudicator stated: "we have no knowledge of how they ultimately came to their decision to lay off Ms. Thomas"-- Without evidence as to why employer chose to lay off respondent, Adjudicator's decision patently unreasonable-- Appeal dismissed--Canada Labour Code, R.S.C., 1985, c. L-2, s. 242(3.1)(a) (as enacted by R.S.C., 1985 (1st Supp.), c. 9, s. 16).