Simard v. Transport Aérien Royal
T-2660-94
Rouleau J.
25/3/96
8 pp.
Judicial review of adjudicator's decision under Canada Labour Code-Applicant, pilot, employed by respondent for about 20 months when dismissed because of attitude and conduct, without receiving any formal notice in writing-Filed complaint under Canada Labour Code, ss. 240 ff., alleging unjust dismissal-Adjudicator found applicant's dismissal justified-Applicant argued adjudicator's decision should be quashed on ground erred in law in making patently unreasonable decision by erroneously interpreting and applying notion of potential harm and by stating employer under no obligation to submit to rule of gradation of sanctions where no collective agreement-Applicant further submitted adjudicator based decision on erroneous finding of fact when concluded applicant warned to change conduct and attitude, or employment would be terminated-Application for judicial review dismissed-Adjudicator correctly applied principle of potential harm-Moreover, evidence supported adjudicator's conclusion applicant warned of situation and warning sufficient as worked for private company not covered by collective agreement-With regard to adjudicator's findings of fact, adjudicator master of facts and assessment of evidence exclusively within adjudicator's jurisdiction-Canada Labour Code, R.S.C., 1985, c. L-2, ss. 240 (as am. R.S.C., 1985 (1st Supp.), c. 9, s. 15), 242 (as am. idem, s. 16), 243.