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A-684-77
Michel Proulx (Applicant) v.
Public Service Staff Relations Board and Roland Tremblay (Respondents)
Court of Appeal, Jackett C.J., Le Dain J. and Hyde D.J.—Montreal, February 3; Ottawa, March 15, 1978.
Judicial review — Public Service — Labour Relations — Applicant dismissed from job — Grievance consolidated with others at hearing — Adjudicator's reasons for decision not in compliance with P.S.S.R.B. Rules of Procedure — Whether or not decision should be set aside because of form of reasons for decision — Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 28 — Public Service Staff Relations Act, R.S.C. 1970, c. P-35, ss. 91, 99(3) — P.S.S.R.B. Regulations and Rules of Procedure, SOR/75-604, s. 86(1).
This is a section, 28 application to set aside the Public Service Staff Relations Board's dismissal of applicant's grievance. The Adjudicator rendered his decision with reference to many grievances that had been consolidated at the Union's request. Applicant now questions whether the alleged failure of the "decision" to comply with section 86 of the Board's Rules of Procedure constitutes a failure of jurisdiction and whether the failure to give a summary of applicant's arguments violated the principles of natural justice.
Held, (Le Dain J. dissenting): the application is dismissed.
Per Jackett C.J. (Hyde D.J. , concurring): There is no breach of the principles of natural justice that would be a ground for invalidating the decision. The primary function of reasons is not to ensure that justice be done but to attempt to make the parties (particularly the unsuccessful party) realize that the matter has been dealt with in an unbiased judicial manner and thus, by making decisions more acceptable, make it more probable that the process will serve its objective of substituting due process for anarchy. There has been substantial compliance with Regulation 86 when the Adjudicator's decision is read as a whole. A mere deviation from prescribed form, not resulting in an unjust decision, probably would not be sufficient of itself to invalidate an adjudicator's decision. Further, it is doubtful that section 99(3) authorized the Board to lay down a rigid formula for the form of the reasons of an adjudicator's "decision" as opposed to the form of the actual decision disposing of the grievance, and even if it did, it is doubtful that the Regulations would be mandatory as opposed to regulatory.
Per Le Dain J. dissenting: The requirements laid down by section 86(1) of the Regulations relate to the form of the decision and therefore fall within the authority conferred by section 99 of the Public Service Staff Relations Act. The Adjudicator's decision does not comply with those requirements and should be treated as an error of law. A requirement in a statute or regulation to give reasons for an administrative
decision should be considered mandatory rather than directory. One of the chief purposes of a requirement of a statute or regulation that an administrative tribunal give reasons for its decision is to afford a basis for review:
Comité d'Appel du Bureau Provincial de Médecine v. Chèvrefils [1974] C.A. 123, distinguished. Minister of National Revenue v. Wrights' Canadian Ropes Ltd. [1974] 1 D.L.R. 721, distinguished. Mountview Court Properties Ltd. v. Devlin (1970) 21 P.& C.R. 689, applied.
APPLICATION for judicial review. COUNSEL:
Paul Lesage for applicant. André Bluteau for respondents.
SOLICITORS:
Trudel, Nadeau, Létourneau, Lesage & Cleary, Montreal, for applicant.
Deputy Attorney General of Canada for respondents.
The following are the reasons for judgment rendered in English by
JACKETT C.J.: This is a section 28 application to set aside a decision of a Deputy Chairman of the Public Service Staff Relations Board dated Sep- tember 15, 1977.
As contemplated by section 90 of the Public Service Staff Relations Act', the applicant pre sented a grievance in respect of his discharge for alleged misconduct from his position as an employee of the Post Office Department. That grievance having been rejected at the final level in the grievance process, the applicant referred his grievance to adjudication under section 91 of that Act.
On December 29, 1975, the Deputy Chairman who had apparently been named as adjudicator (hereinafter referred to as the "Adjudicator") granted a request by the Union that represented the applicant, which request had been opposed by the employer, that there be a consolidated hearing of the applicant's case and the cases of a large number of other grievors.
' R.S.C. 1970, c. P-35.
The hearing of the applicant's grievance appar ently took place during January, 1976. The con solidated hearing continued until July, 1977.
On April 19, 1977, the Adjudicator dismissed, with reasons, a motion by the Union for leave to present evidence that employees other than the grievors committed the same offence as the grie- vors without being disciplined.
On September 15, 1977, by a 74 page docu ment, the Adjudicator rendered his decision with reference to the various grievances that were the subject of the consolidated hearing. By that docu ment, the applicant's grievance was dismissed. A few days later, this section 28 application was launched to set aside that decision.
According to the applicant's memorandum in this Court, the applicant's grievance was dismissed as follows:
[TRANSLATION] Michel Proulx 166-2-2134
Discharged; seniority dates back to July, 1973; has no discipli nary record.
Also alleged against Mr. Proulx are the three incidents of April 12 alleged against Mr. Faulkner; however, he is considered to have been an abettor. The employer has proved these incidents.
He is also alleged to have forced casual employees out onto the sidewalk in front of the Post Office on April 13.
Of all the witnesses called in his defence, only one, Mr. Lee, inspired confidence. The latter did not contradict the allega tions concerning the events of April 12.
The Adjudicator does not feel that he should intervene.
By his memorandum in this Court, the applicant raises, in effect, as I understand it, two questions, viz.:
1. Does the alleged failure of the "decision" to comply with the requirements of section 86 of the Commission's Rules of Procedure constitute a refusal of jurisdiction? and
2. Is the failure to comply with section 86 by giving a summary of the applicant's arguments a violation of the principles of natural justice?
Section 99(3) of the Public Service Staff Rela tions Act authorizes the Public Service Staff Rela tions Board to make regulations in relation to the adjudication of grievances including, _ inter alia,
regulations respecting "the form of decisions ren dered by adjudicators". Section 86 of the Board's Regulations and Rules of Procedure 2 reads as follows:
86. (1) The decision of an adjudicator or a board of adjudi cation shall contain
(a) a summary statement of the grievance;
(b) a summary of the representations of the parties;
(c) the decision on the grievance; and
(d) the reasons for the decision.
(2) A decision made by an adjudicator shall be signed by the
adjudicator.
By the memorandum filed in this Court on his behalf, the applicant's submissions based on Regu lation 86 are summarized as follows:
[TRANSLATION] 11—The decision of the Board handed down on September 15, 1977 does not comply with the provisions of section 86(1) of the Regulations, in that it does not include a summary statement of the grievance, a summary of the representations of the parties, the decision on the grievance or the reasons for the decision;
12—By using the expression "shall" in section 86(1) of the Regulations, the legislator placed a definite obligation on the Adjudicator, and failure to fulfil this obligation affected the exercise of his jurisdiction;
13—Indeed, section 28 of the Interpretation Act (R.S.C. 1970, c. I-23) provides that "in every enactment ... `shall' is to be construed as imperative";
14—The Board therefore has an obligation to act which, when not fulfilled, results in irregularities in the exercise of its jurisdiction, and this renders the decision invalid;
15—Dussault states at page 1392 of his text:
The first indication that the legislator intended to treat certain procedural rules as absolute, imperative and obligato ry is the use of the term "shall" instead of "may". Thus, when legislation provides that an officer "shall" do a certain thing, perform a certain action in a certain manner, it can safely be presumed that this provision is imperative.
16—Further, Pratte J.A. of the Quebec Court of Appeal states in Gagné v. La Brique Citadelle:
Upon reading the above-mentioned text, it can immediately be seen that this is not an incidental provision but a com mand that matters be ordered in the manner indicated and no other. It is true that the text does not expressly prohibit deviation from the provision, but this is implied in the command.
17—The conclusion from legal theory and case law, therefore, is that failure of an organization to comply with obligations imposed on it by legislation with respect to the exercise of its
2 P.S.S.R.B. Regulations and Rules of Procedure, SOR/75- 604.
jurisdiction results in its decisions being invalidated when such a breach causes serious prejudice to the parties concerned;
18—We respectfully submit that the Board's failure to comply with the imperative provisions of section 86(1) of the Regula tions has resulted in serious prejudice to the applicant, in making it impossible for him to judiciously judge whether the Board's decision can be appealed under section 28 of the Federal Court Act, since he cannot, by reading the decision, see whether the Board made an error of law other than that with respect to section 86(1) of the Regulations, or whether it based its decision on an erroneous finding of fact, arrived at in an absurd or arbitrary manner, without taking into account facts brought to its attention;
In considering the attacks based on Regulation 86, it is to be remembered that, at the request of the Union acting on behalf of the applicant and numerous other grievors, the Adjudicator had heard all the grievances together by reason of an argument, as reported by the Adjudicator, that he would be "in a position to render a decision in each case only after having heard all the evidence and after having had an opportunity to consider the penalty imposed by the employer on each grievor". Having, accordingly, had a consolidated hearing of all the grievances, the Arbitrator rendered his decisions in a consolidated form. In the document containing those decisions, after setting out the course of events, the Adjudicator devoted over ten pages to an explanation of the history of the matter that was common to all the cases, to an explanation of his plan for appraising the individu al cases, which reads as follows:
[TRANSLATION] CRITERIA FOR THE ANALYSIS OF THE EVIDENCE
In order to analyze the evidence presented before him and to reach a decision which takes all of the criteria into account, the Adjudicator has applied the principles of law set forth below. He has also prepared a chart showing the names of all of the complainants, together with the facts relevant to their cases. This comparison chart will be explained later.
to an explanation of the legal principles that he proposed to apply and to the chart that he had prepared to compare the situations of the respec tive grievors with each other. He then introduced his discussion of the individual grievances as follows:
[TRANSLATION] THE EVIDENCE AND THE FACTS IN EACH CASE
The Adjudicator now intends to examine the case of each complainant individually. The grievances will not be quoted but the following facts will be given: the disciplinary measure which the complainant is contesting, the complainant's seniority, his
disciplinary record, whether or not he is a union steward, the act alleged and the evidence presented.
Once all the cases have been examined, the Adjudicator will state his conclusion and decisions in each case, ruling on whether the measure imposed was appropriate or whether another should be substituted for it.
(With reference to this introduction it is to be noted that the Adjudicator says that the griev ances will not be set out as such but the discipli nary action complained of will be set out.) Having done all that, the Adjudicator proceeded to discuss the respective grievances and it is pertinent to repeat here what he said about that of Gilbert Faulkner as well as what he said about that of the applicant, viz.:
[TRANSLATION] 1 --GILBERT FAULKNER 166-2-2124 Discharged; seniority dates back to May, 1968; record con tains reprimands and three suspensions; was a union steward.
He is accused of having incited the ejection of casual workers on April 12, of having instigated a work stoppage and occupied a secretarial office for an entire day, and of having jostled supervisors at the door of the Post Office building. All of this took place during a visit to the premises by the Postmaster General.
In this instance, it has been proved beyond a doubt that the complainant was the leader in each of the three incidents alleged against him and that he even climbed onto a cart and harangued the crowd. This is one instance in which the Adjudicator does not feel he should intervene.
5—MICHEL PROULX 166-2-2134
Discharged; seniority dates back to July, 1973; has no disci
plinary record.
Also alleged against Mr. Proulx are the three incidents of April 12 alleged against Mr. Faulkner; however, he is con sidered to have been an abettor. The employer has proved these incidents.
He is also alleged to have forced casual employees out onto the sidewalk in front of the Post Office on April 13.
Of all the witnesses called in his defence, only one, Mr. Lee, inspired confidence. The latter did not contradict the allega tions concerning the events of April 12.
The Adjudicator does not feel that he should intervene.
In my view, there is considerable doubt that section 99(3) authorized the Board to lay down a rigid formula for the "form" of the reasons for an adjudicator's "decision" as opposed to the "form" of the actual decision disposing of a grievance. In addition, even if the Board's regulation-making power does extend to making regulations concern ing the "form" of an adjudicator's reasons, I doubt that regulations so made are mandatory as opposed to permissive. That is, I doubt that a mere
deviation from the prescribed form that does not result in a possibly unjust decision will, of itself, be sufficient to invalidate an adjudicator's decision. I put aside those doubts, however, because, assum ing that there is nothing in those doubts, in my view there has been a substantial compliance with Regulation 86 when the Adjudicator's decision is read as a whole in the context of the whole pro ceeding. As it seems to me, reading the decision as a whole, it is clear that certain general arguments were put forward on behalf of all the grievors and the Adjudicator clearly explained what principles he applied in the respective cases as a result of such arguments. With regard to the grievor him self, there can be no doubt from a reading of the decision that the specific questions raised were:
(a) had the acts of misconduct been properly proved?
(b) was the discharge an excessive exercise of discipline?
With regard thereto, the Adjudicator explained what misconduct he found against the applicant, although his explanation is not as clear as it might have been, and, by means of his chart, how he has appraised the applicant's misconduct in relation to that of others in reaching his conclusion as to the fairness of the discharge having regard to such misconduct. 3
I find no merit in the contention of the applicant that he has been deprived, by the alleged failure to comply with Regulation 86, of an opportunity of considering seeking relief against such decision, under section 28 of the Federal Court Act. As it seems to me, the Adjudicator has made it perfectly clear what he has found against the applicant and what legal principles and methods he has applied in so doing.
The copy of the "chart" in the case material presented to the Court was illegible. It appears that the copy sent to the applicant was also illegible. That is not, however, a ground of complaint, even if reasons are a condition precedent to the validity of the decision, when, admittedly, no attempt had been made on the part of the applicant to have a legible copy supplied.
With reference to the second branch of the applicant's attack on the Adjudicator's decision, the applicant's submissions are set out in his memorandum as follows:
[TRANSLATION] 19—Alternatively, and without prejudice to the foregoing, we submit that the Board's failure to comply with section 86(1)(d), that is, to give reasons for its decision, is also a breach of the rules of natural justice by which justice must not only be done, but must be seen to have been done;
20—In a recent decision, the Quebec Court of Appeal stated that failure of the Conseil de discipline du Collège des médecins et chirurgiens de la Province de Québec [disciplinary board of the Quebec college of physicians and surgeons] and the Comité d'Appel du Bureau Provincial des Médecins [appeal board of the provincial bureau of physicians] to give reasons for their decisions when expressly required by the Regulations consti tutes a breach of the rules of natural justice, resulting in their decisions being invalidated.
Comité d'Appel du Bureau Provincial de Médecine [sic] v. Paul-Emile Chevrefils, [19741 C.A. 123.
Page 127, Gagnon J.A.:
Such a disciplinary power must be exercised in accordance with the Act and Regulations which the professional corpora tion has seen fit to impose on its disciplinary agencies, and must comply with the requirements of natural justice. I would go so far as to say that an agency to which the legislator has given such power over its members must adhere strictly to the applicable procedural rules.
In its wisdom and to protect its members who are brought before a disciplinary board, the College has required that the Board give reasons for its decision. In the case at bar, the disciplinary board did not meet this requirement, and I believe that this is more than mere departure from form, and that its decision is therefore null and void. (Emphasis is ours.)
21—We find it inconceivable and also contrary to the princi ples of natural justice that an organization such as the Board can render a decision such as that in the case at bar when the hearing of the applicant's grievance took nearly two (2) days, twenty (20) witnesses were heard, and five hundred and one (501) pages of shorthand notes were transcribed. Such an attitude is at the very least an abuse of the power given to the Board;
22—The least that can be said about the decision rendered is that justice is not seen to have been done, in spite of the fact that section 86 of the Regulations was enacted to guard against this;
I find no breach of the principles of natural justice, as I understand them, that would be a ground for invalidating the decision that is the subject matter of this application. There is no suggestion that the applicant was not given ample opportunity to answer what was alleged against him. There is no suggestion of bias on the part of the Adjudicator. These two branches of natural
justice constitute the established principles of natural justice as I have knowledge of them.
In this case, there is, in my view, no question of a failure to give reasons for the decision attacked, as I have explained above. Even if no reasons had been given, that, in itself, would not in my view be a breach of the rules of natural justice that would invalidate the decision. 4 (In certain circumstances, the absence of such reasons might be a basis for concluding that there had been a pre-decision breach of natural justice principles that would be a ground for invalidating the decision but that is a matter of evidence and not of substantive law— compare M.N.R. v. Wrights' Canadian Ropes Ltd. 5 ) As I understand it, the primary function of reasons is not to ensure that justice be done but is to attempt to make the parties (particularly the unsuccessful party) realize that the matter has been dealt with in an unbiased judicial manner and thus, by making decisions more acceptable, make it more probable that the process will serve its objective of substituting due process for anarchy. 6 In any event, even if a failure to give reasons suitable to serve that end were, in itself, a breach of the principles of natural justice that would serve as a ground for invalidating a decision, there is, here, in my view, no such failure. Natural justice is, as I understand it, a matter of substance and not of form.
In my view, the section 28 application should be dismissed.
* * *
4 A statutory requirement of reasons may, in certain cases, well be a statutory condition precedent to the validity of a decision. This was apparently the case in the legislation govern ing the termination of the legal status of an individual that was being considered by the Quebec Court of Appeal in Comité d'Appel du Bureau Provincial de Médecine v. Chèvrefils [1974] C.A. 123. It is easy to understand that a legislature may require that a person is not to be deprived of his status in the economic world until it has been explained to him in a formal manner that all requirements—legal and procedural—have been complied with.
5 [1947] 1 D.L.R. 721 at pp. 731-732.
6 Formulation of reasons also serves the very important pur pose of ensuring that the tribunal has satisfied itself that it has dealt with all relevant problems in the manner required by the applicable legal principles. Other functions of reasons such as fending off legal attacks on the decision and creating jurispru dence are, in my view, of a very secondary character.
HYDE D.J.: I agree.
* * *
The following are the reasons for judgment rendered in English by
LE DAIN J. (dissenting): I have had the advan tage of reading the reasons of the Chief Justice but I regret that I am unable to agree with the conclu sion reached by him.
The Adjudicator undoubtedly had a difficult task in attempting to deal adequately in a single document with 95 grievances, but in my opinion his decision on the applicant's grievance does not comply with the requirements of section 86(1) of the P.S.S.R.B. Regulations and Rules of Procedure'. It does not contain a summary of the representations of the parties nor a sufficient state ment of the reasons for the decision. It does not afford any basis for review, which, I think, is one of the chief purposes of a requirement in a statute or regulation that an administrative tribunal give reasons for its decision 8 .
What is required when there is a duty to give reasons was considered by Lord Parker C.J. in Mountview Court Properties Ltd. v. Devlin 9 as follows:
What reasons are sufficient in any particular case must, of course, depend upon the facts of the case. I approach the matter in this way: that reasons are not deficient merely because every process of reasoning is not set out. I further think that reasons are not insufficient merely because they fail to deal with every point raised before the committee at the hearing. Indeed, I would adopt the words used by Megaw J. in Re Poyser and Mills' Arbitration [11964] 2 Q.B. 467]. That was dealing with an arbitrator's award, but Megaw J. said [[1964] 2 Q.B. 467, 477-478]:
The whole purpose of section 12 of the Tribunals and In quiries Act 1958 was to enable persons whose property, or whose interests, were being affected by some administrative decision or some statutory arbitration to know, if the decision was against them, what the reasons for it were. Up to then,
' 86. (1) The decision of an adjudicator or a board of adjudication shall contain
(a) a summary statement of the grievance;
(b) a summary of the representations of the parties;
(c) the decision on the grievance; and
(d) the reasons for the decision.
8 Iveagh (Earl of) v. Minister of Housing and Local Govern ment [1962] 2 Q.B. 147 at 160; [1964] 1 Q.B. 395 at 405, 410, 413; Westminster Bank Ltd. v. Beverley Borough Council [1969] 1 Q.B. 499 at 508.
9 (1970) 21 P.& C.R. 689 at pp. 692-693.
people's property and other interests might be gravely affect ed by a decision of some official. The decision might be perfectly right, but the person against whom it was made was left with the real grievance that he was not told why the decision had been made. The purpose of section 12 was to remedy that, and to remedy it in relation to arbitrations under this Act. Parliament provided that reasons shall be given, and in my view that must be read as meaning that proper, adequate reasons must be given. The reasons that are set out must be reasons which will not only be intelligible, but which deal with the substantial points that have been raised.
A little further down, he said [Ibid. 478]:
I do not say that any minor or trivial error, or failure to give reasons in relation to every particular point that has been raised at the hearing
—and he was dealing with an error of law on the face of an award—"would be sufficient ground for invoking the jurisdic tion of this Court."
Apart from certain general principles which the Adjudicator dealt with adequately in his introduc tory analysis there were two questions before him with respect to the applicant's grievance:
1. Were the acts of misconduct which were invoked by the employer to justify the dismissal established by the evidence?
2. Was the disciplinary action of dismissal out of proportion to the conduct complained of?
The extent of the hearing with respect to the applicant's grievance and of the evidence that was adduced was described by the parties before us in their respective memoranda by an identical para graph as follows:
[TRANSLATION] The hearing of the applicant's grievance began on January 13, 1976 and continued on January 20, 21 and 29 of the same year. In the course of the hearing, twelve (12) witnesses for the employer and eight (8) witnesses for the applicant were heard. The testimony of these witnesses required the transcription of five hundred and one (501) pages of shorthand notes (Board documents, pages 5 to 10);
What the Adjudicator said that he proposed to do by way of analysis of the issues is set out under the heading "LA PREUVE ET LES FAITS" as follows:
[TRANSLATION] The Adjudicator now intends to examine the case of each complainant individually. The grievances will not be quoted but the following facts will be given: the discipli nary measure which the complainant is contesting, the complai nant's seniority, his disciplinary record, whether or not he is a union steward, the act alleged and the evidence presented.
Once all the cases have been examined, the Adjudicator will state his conclusion and decisions in each case, ruling on
whether the measure imposed was appropriate or whether another should be substituted for it.
The conclusions on the Proulx grievance must be read with those of the Faulkner grievance to which. they make reference. Together they constitute such analysis of the issues with respect to the applicant's grievance as is to be found in the Adjudicator's decision. The passages in question are as follows:
[TRANSLATION] 5—MICHEL PROULX 166-2-2134
Discharged; seniority dates back to July, 1973; has no disci plinary record.
Also alleged against Mr. Proulx are the three incidents of April 12 alleged against Mr. Faulkner; however, he is con sidered to have been an abettor. The employer has proved these incidents.
He is also alleged to have forced casual employees out onto the sidewalk in front of the Post Office on April 13.
Of all the witnesses called in his defence, only one, Mr. Lee, inspired confidence. The latter did not contradict the allega tions concerning the events of April 12.
The Adjudicator does not feel that he should intervene. 1 --GILBERT FAULKNER 166-2-2124
Discharged; seniority dates back to May, 1968; record con tains reprimands and three suspensions; was a union steward.
He is accused of having incited the ejection of casual workers on April 12, of having instigated a work stoppage and occupied a secretarial office for an entire day, and of having jostled supervisors at the door of the Post Office building. All of this took place during a visit to the premises by the Postmaster General.
In this instance, it has been proved beyond a doubt that the complainant was the leader in each of the three incidents alleged against him and that he even climbed onto a cart and harangued the crowd. This is one instance in which the Adjudicator does not feel he should intervene.
Under the heading "CONCLUSIONS ET DECI SIONS" at the end of the Adjudicator's decision there is simply the notation after the name of the applicant—[TRANSLATION] "grievance dis missed".
The above reasons are in my opinion little more than an expression of the Adjudicator's conclusion on the two questions before him—in other words, of the decision itself. They do not reflect the issues with respect to the appreciation of the evidence or the appropriateness of the disciplinary action. They are, moreover, ambiguous on an important particular: the findings of the Adjudicator as to the acts of April 13, as distinct from those of April 12. This ambiguity arises from the absence of any reference to proof of the acts of April 13 and from
the statement [TRANSLATION] "Of all the wit nesses called in his defence, only one, Mr. Lee, inspired confidence. The latter did not contradict the allegations concerning the events of April 12".
The [TRANSLATION] "Comparison Chart", while perhaps an aid to the Adjudicator in main taining his comparative perspective, contains nota tions for 95 grievances on a single side of the sheet, and in being reduced to letter size to fit into the decision, has obviously been rendered illegible. I do not think it is simply a question of the clarity of the photocopying; it appears to be a question of size. In any event, the information noted on the "Comparison Chart", as appears from the descrip tion of it at pages 16-17 of the decision, is of such a summary nature as to throw little or no addition al light upon the reasons for decision.
The importance of a requirement in statute or regulation to give reasons for an administrative decision is' such that in my opinion it should be considered to be mandatory rather than directory. There seems to be general agreement in the authorities that such a requirement is mandatory in the sense that a mandamus should lie to compel compliance with it, but there has been an apparent difference of view as to whether a failure to comply with the requirement is an error of law 10 . I prefer the view that would treat it as an error of law for which a decision may be set aside.
I should add before concluding that in my opin ion the requirements laid down by section 86(1) of the Regulations relate to the form of the decision and therefore fall within the authority conferred by section 99(3)(d) of the Public Service Staff
10 Compare Brayhead (Ascot) Ltd. v. Berkshire County Council [1964] 2 Q.B. 303 at 313; In re Poyser and Mills' Arbitration [1964] 2 Q.B. 467 at 478; Givaudan & Co. Ltd. v. Minister of Housing and Local Government [1967] 1 W.L.R. 250 at 257; Regina v. Industrial Injuries Commissioner, ex parte Howarth (1968) 4 K.I.R. 621 at 626, 627; Mountview Court Properties Ltd. v. Devlin (1970) 21 P.& C.R. 689 at 693-695, 696; In re Allen and Matthews' Arbitration [1971] 2 Q.B. 518 at 524, 526; de Smith, Judicial Review of Adminis trative Action, 3rd ed., 117, 130.
Relations Act ".
For the foregoing reasons I would allow the section 28 application, set aside the decision of the Adjudicator in respect of the applicant's grievance and refer the matter back for reconsideration and decision in compliance with section 86 of the P.S.S.R.B. Regulations and Rules of Procedure on the proof and argument that has already been made before the Adjudicator.
" See In re Poyser and Mills' Arbitration, supra, at 478, where Megaw J. said of a statutory requirement to give rea sons: "In my view, it is right to consider that statutory provision as being a provision as to the form which the arbitration award shall take".
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