Atomic Energy of Canada Ltd. v. Jindal
T-636-94
Cullen J.
26/3/96
6 pp.
Application for judicial review of Canada Labour Code adjudicator's decision on complaint of wrongful dismissal-Prior to main hearing, adjudicator removed as respondent on authority of Canada (Human Rights Commission) v. Canada (Attorney General), [1994] 2 F.C. 447 (C.A.) which held federal decision-maker not proper party to application for judicial review of one of its decisions-Respondent notified of dismissal from Atomic Energy Commission Ltd.-Submitted dismissal was wrongful and sought reinstatement-Adjudicator concluded respondent was terminated and not laid off because of lack of work or discontinuance of function-Ordered respondent be paid back pay and reinstated-Application allowed-No evidence respondent dismissed for any reason other than corporate reorganization and discontinuance of position-Matter fell within s. 242 (3.1) which qualifies adjudicator's power when employee terminated through corporate reorganization-Adjudicator had no power to consider merits of dismissal-Also, contrary to finding of adjudicator, applicant had no legal obligation to consider respondent for other jobs within organization-Canada Labour Code, R.S.C., 1985, c. L-2, s. 242(3.1)(a) (as am. by R.S.C., 1985 (1st Supp.), c. 9, s. 16).