Leontsini v. Business Express Inc.
T-1831-95
Noël J.
10/1/97
7 pp.
Application for judicial review of Canada Labour Code, s. 242 Adjudicator's decision lacking jurisdiction to adjudicate on validity of applicant's unjust dismissal complaint because she was manager (station manager) within meaning of Code, s. 167(3) when dismissed-Applicant essentially arguing she could not be both at lower end of management chain and manager within meaning of Code, s. 167(3)-Nature of work actually performed, rather than employee's title or place in management chain, must be used to determine whether manager-Member of management whose primary responsibility in fact to manage, manager, within meaning of s. 167(3), whether at upper or lower end of management chain-Applicant had, inter alia, power to hire, discipline and dismiss employees, prepare operating budgets and change staff assignments-Responsible for respondent's operations at Dorval and had all managerial attributes required for that purpose-Had sufficient decision-making autonomy and discretion to be manager within meaning of s. 167(3)-Adjudicator did not act unreasonably or fail to have regard to material before him-Canada Labour Code, R.S.C., 1985, c. L-2, ss. 167(3), 242 (as am. by R.S.C., 1985 (1st Supp.), c. 9, s. 16).