Alberta Wheat Pool v. Jacula
T-958-92
Rothstein J.
16/11/92
9 pp.
S. 18.1 application for judicial review of decision of adjudicator appointed under Canada Labour Code allowing complaint of wrongful dismissal -- Respondent absent from work without leave for 1 1/2 hours to take children to dentist when wife suddenly ill -- Applicant submitting adjudicator asked wrong question under Code, s. 242(3)(a) -- Culminating incident approach adopted by adjudicator recognized in Canadian labour law -- Case of innocent absenteeism -- No error of jurisdiction by adjudicator -- Culminating incident approach not displacing decision as to whether dismissal unjust, rather analytical tool to be used in reaching decision prescribed by statute -- Adjudicator looking at all circumstances -- Adjudicator's findings not patently unreasonable, outrageous or unjustifiable on their face-Application dismissed -- Canada Labour Code, R.S.C., 1985, c. L-2, ss. 242(3)(a), 243.