Frezza v. Lauzon
T-2291-97
Rouleau J.
27/1/99
14 pp.
Application to set aside decision of Adjudicator upholding decision of respondent CP Railway to dismiss applicant-Applicant employed by Canadian Pacific Railway from 1969 to January 19, 1995-In December 1994, applicant going into offfice of Superintendent Michel Bertrand, entering password in computer-Denied having tampered with Mr. Bertrand's computer-Suspended for investigation purposes-In January 1995, applicant received letter of dismissal for security violation involving unauthorized, illegal use of CP Railway Merlin system-Filed complaint of unjust dismissal-Adjudicator appointed to hear complaint-Complaint dismissed in decision written in French dated July 24, 1997-Applicant later received English translation-Adjudicator concluded applicant committed offence, dismissal justified-Applicant faced criminal charges in relation to events-Not upon Adjudicator to require criminal transcripts be introduced at hearing-Admissibility of criminal transcripts doubtful at best-Issues before Judge in criminal proceeding not similar to those before Adjudicator-That Adjudicator wrote judgment in French neither bias nor violation of principles of natural justice-Allowed by statute, case law-Applicant received English translation of judgment-Adjudicator not exceeding jurisdiction-On subject of prior offences, Adjudicator correctly stated applicant given three months' suspension for attitude problem-Court should allow administrative tribunals to perform task conferred upon them by enabling legislation and exercise self-restraint when asked to review decisions-Particularly so when enabling legislation contains strong privative clause, such as one found in Canada Labour Code, s. 243-Neither procedural flaw nor fault with Adjudicator's treatment of evidence, conclusion-Finding entirely within jurisdiction, supported by evidence before him-No basis warranting Court's intervention-Application dismissed-Canada Labour Code, R.S.C., 1985, c. L-2, s. 243.