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Canada ( Attorney General ) v. Lussier

A-1235-91

Hugessen (dissenting), Desjardins and Létourneau JJ.A.

28/1/93

7 pp.

Application to review decision of adjudicator on respondent's grievance-Applicant admitted made administrative error in not giving respondent two days of leave to which entitled-However, offered to allow him to take these two days of leave at his convenience-Adjudicator made reasonable error by awarding compensation for administrative error solely as result of fault-Fact person cannot take vacation on dates desired does not in itself cause damage-Disappointment and damage must not be confused-Adjudicator exceeded jurisdiction by awarding punitive damages for error made-Application allowed.

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