Midland Courier v. Gomes
T-567-93
Rouleau J.
25/1/94
7 pp.
Application to quash Adjudicator's decision having jurisdiction to adjudicate unjust dismissal complaint -- Respondent Gomes manager of Moncton branch of Midland Courier for last three years of employment -- Informed on number of occasions management not satisfied with her performance -- Gomes agreeing to severance package as would have been dismissed for cause -- Signing release acknowledging receipt of $4,606.68 in consideration for release of employer from all actions for termination of employment -- Undertaking not to commence any proceedings or complaint in respect of such termination -- Release not giving reasons for termination -- Gomes filing complaint with Labour Canada under Canada Labour Code, s. 240 alleging dismissal unjust, without cause, or prior notification -- Employer objecting to Adjudicator's jurisdiction on ground Gomes holding "managerial position", and precluded from filing complaint according to terms of release -- Adjudicator holding Gomes not "manager" within meaning of Code, Division XIV, release valid and binding, Gomes in fact dismissed for cause -- Application allowed -- Court's intervention justified where administrative tribunal protected by privative clause if adjudicator exceeding jurisdiction or otherwise committing error in jurisdiction: Caimaw v. Paccar of Canada Ltd., [1989] 2 S.C.R. 983 -- Alleged error herein one requiring Court's intervention -- Employer and employee can come to arrangement concerning conditions and consequences under which contract of employment to be ruptured -- Evidence not supporting Adjudicator's finding employment relationship terminated prior to signing of release -- Employer giving Gomes alternative of signing release or be fired for cause -- Employment relationship terminated when signed release -- Canada Labour Code, R.S.C., 1985, c. L-2, ss. 230, 235 (as am. by R.S.C., 1985 (2nd Supp.), c. 32, s. 41), 240 (as am. by R.S.C., 1985 (1st Supp.), c. 9, s. 15), 242, 243.