Matthews v. Canada ( Attorney General )
T-623-97
Richard J.
8/12/97
7 pp.
Application to set aside adjudicator's decision applicant should be awarded damages rather than reinstatement-Applicant began employment with CSIS in 1989 as Senior Officer-Terminated by CSIS under Work Force Adjustments Policy (WFAP) and Reverse Order of Merit (ROM)-Applicant grieved termination as being disguised disciplinary action under guise of WFAP, ROM exercise-Requested reinstatement as remedy at all level of grievances-CSIS denied all grievances-Adjudicator finding applicant would derive more benefit from payment in lieu of reinstatement-Whether adjudicator erred in finding applicant would derive more benefit with payment in lieu of reinstatement, without hearing parties on issue-Whether adjudicator breached principles of natural justice by not allowing parties opportunity to be heard on issue of remedy once reinstatement deemed by him not to be option-Adjudicator not inviting parties to make submissions, give evidence concerning calculation, amount of award for damages-Based calculation only on number of years of public service, lack of disciplinary record, salary applicant continued to receive until April 1, 1996-Adjudicator should have given applicant, respondent opportunity to make submissions, give evidence on method of calculation, amount of damages to be awarded to applicant-No evidence relating to applicant's loss of pension entitlement, ability to obtain alternative employment, notice range or value of lost benefits-Procedural fairness requiring applicant, respondent be given opportunity to address matter of quantum of damages through submissions, evidence-Part of adjudicator's decision fixing amount of damages awarded to applicant set aside.