Labour Relations
Judicial review of direction, decision by Appeals Officer rescinding decision of Health and Safety Officer (HSO) no danger existed for respondent Carolyn Pollard in driving on right-hand side of road, delivering mail through front passenger-side window of vehicle—Appeals Officer not erring by giving no weight to settlement agreement signed by Pollard to withdraw appeal as agreement (i) not resolving broader safety issues, (ii) cancelled—Not exceeding jurisdiction by considering traffic safety issues—Breaching duty of fairness by failing to provide Canada Post with opportunity to adduce evidence, make submissions about issues of traffic safety—Not erring by finding ergonomic hazards faced by Pollard constituted danger under Pat II of Canada Labour Code, R.S.C., 1985, c. L-2—Application allowed in part.
Canada Post Corp. v. Pollard (T-1428-06, 2007 FC 1362, Dawson J., judgment date December 21, 2007, 72 pp.)