LABOUR RELATIONS |
Bakayoko v. Bell Nexxia
T-1755-03
2004 FC 1408, Shore J.
14/10/04
11 pp.
Judicial review of decision ([2003] D.A.T.C. No. 392 (QL)) by an adjudicator appointed pursuant to Canada Labour Code, dismissing complaint of unjust dismissal by applicant-- Applicant employed by respondent--Following several absences, respondent asked applicant to provide notes from physician, which he did not do--Director of human resources warned applicant about his conduct, attitude to work, attendance and poor test results--Applicant ultimately dismissed when unable to provide reasons for further absence --At hearing adjudicator dismissed applicant's allegations that because respondent required too many night shifts of him, he had become ill, and that respondent had not observed return to work procedure following absence on account of illness--Applicant's affidavit filed in connection with application for judicial review not admissible because based on beliefs or suppositions, as well as speculation, argument and legal conclusions--Whether adjudicator contravened Official Languages Act by presiding over hearing because insufficient understanding of English--Court does not have jurisdiction to decide this point as another appropriate remedy exists, namely that set out in Official Languages Act, s. 58--Application dismissed--Canada Labour Code, R.S.C., 1985, c. L-2--Official Languages Act, R.S.C., 1985 (4th Supp.), c. 31, s. 58.