Regional County Municipality of Charlevoix-Est v. Guay
T-1777-95
Denault J.
19/6/96
8 pp.
Application for judicial review of adjudicator's decision ordering applicant to pay respondent twelve months' salary and portion of extrajudicial expenses-Hired in 1979 as manager of airport operated by applicant at St-Irénée, county of Charlevoix, respondent suspended from duties in February 1994 and dismissed one month later-Respondent filed complaint under Canada Labour Code, ss. 240 et seq. for unjust dismissal-After compelling applicant to furnish him particulars, adjudicator commented on each of nineteen grounds for dismissal alleged by applicant-Canada Labour Code contains privative clause providing adjudicator's order final-Following principle of judicial deference, intervention of Court limited to cases of "patently unreasonable" decisions-Adjudicator concluded relationship of trust between employer and employee irremediably affected and, as result, did not reinstate him-Whether decision patently unreasonable-Adjudicator rejected several reasons for dismissal for lack of evidence, lack of credibility of witnesses, delay in drawing attention to respondent's absences or negligence more attributable to applicant than to its employee-Adjudicator concluded other reasons had affected relationship of trust between employer and employee-Respondent took $400 bribe when contract for runway maintenance awarded in fall of 1992-Respondent's conduct blameworthy and objectionable-Adjudicator recognized relationship of trust had been so affected as to make reinstatement impossible-Decision not patently unreasonable-Application dismissed-Canada Labour Code, R.S.C., 1985, c. L-2, s. 240.