Kenbrent Holdings Ltd. v. Atkey
T-1092-94 / T-1093-94
Gibson J.
4/4/95
12 pp.
Applications for judicial review of adjudicator's decision ordering Kenbrent or its division, Valley Reefer Services Ltd., to pay respondent $19,210.75 plus post-judgment interest for unjust dismissal -- Respondent dismissed by Valley Reefer Services Ltd. -- Respondent's complaint registration form dated August 3, 1993 identifying employer as Valley Reefer--Definition of "federal work, undertaking or business" found in Canada Labour Code, s. 2 -- Privative clause set out in Code, s. 243(1) -- Adjudicator not wrong in making order against Kenbrent--No objection taken on behalf of Kenbrent to characterization of employer against which complaint made -- Notice of hearing before adjudicator given to "employer" identified in style of cause forming part of adjudicator's decision, that is Valley Reefer Services, division of Kenbrent Holdings Ltd. -- Kenbrent did in fact receive notice of hearing before adjudicator and was identified as "employer" of respondent -- Reasonably open to adjudicator to imply amalgamation of businesses resulted in single undertaking or business connecting Alberta with British Columbia, such undertaking or business was "federal work, undertaking or business" within meaning of s. 2 and adjudicator had jurisdiction with respect to it--Applications dismissed -- Canada Labour Code, R.S.C., 1985, c. L-2, ss. 2, 243(1).