Lemieux v. Canada ( Labour Affairs Officer, Human Resources Development )
T-45-95
Tremblay-Lamer J.
27/3/96
10 pp.
Judicial review of labour affairs officer's decision on complaint of unjust dismissal-After applicant's term employment contract renewed number of times, notified in writing, within required time, contract not renewed-Applicant filed complaint of unjust dismissal with Labour Canada under Canada Labour Code, ss. 240 ff.-Respondent labour affairs officer assigned to investigate case-After investigation, refused to grant applicant's request he report to Minister of Labour so adjudicator could be appointed-Officer considered failure to renew contract for fixed term of employment not dismissal within meaning of Code-Applicant argued only adjudicator under s. 242 has jurisdiction to determine whether dismissal occurred; inspector cannot make determination-Application for judicial review dismissed-Dismissal precondition for being eligible to make complaint under Code, s. 240(1)-Despite Parliament's silence thereon, inspector's responsibility to refuse complaint where in fact no dismissal-Canada Labour Code, R.S.C., 1985, c. L-2, ss. 240 (as am. by R.S.C., 1985 (1st Supp.), c. 9, s. 15), 242 (as am. idem, s. 16).