Court proceedings

• Author: Christopher Rootham
• Pages: 525-531

 

COURT PROCEEDINGS

A. INTRODUCTION

is chapter is designed to provide a very br ief overview of the interact ion be-

tween the court sy stem and labour and employment law of the federal public ser-

vice. at interaction ta kes place in two ways. e rst, and more common way,

is when a party appl ies for judicial review of the decision of one of the myr iad tri-

bunals discu ssed in previous chapters, or of a decision that ca nnot be referred to

one of those tribuna ls. ese applications for judici al review are t ypically made

either based on the merits of the dec ision, or alleged procedural unf airness by the

tribunal in que stion. e second, less common way, is when an employee of the

federal public serv ice brings an action in c ivil court a gainst the federa l Crown

for events arising out of his employment. is c hapter briey describes the rules

applicable to both ty pes of court proceedings.

B. JUDICIAL REVIEW

Decisions of the Public Ser vice Labour Relations Board; t he Public Service Sta-

ing Tribunal; the Commi ssioner of the RCMP; a deputy head or designate acting

as the nal level of t he grievance procedure responding to a grie vance that can-

not be referred to adjudication; and the var ious other decision-makers described

in this book may be judic ially reviewed by t he Federal Cour t. Applications for

judicial review a re governed by sections , ., and  of the Federal Courts Act.

Section  of the Fede ral Courts Act sets out a list of federa l boards whose deci-

sions are judicially reviewed at rst instance by the Federal Court of Appeal in-

stead of the Federal Cour t. e Public Service Labou r Relations Board is the only

Federal Court s Act, R.S.C. , c. F-.

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