Court proceedings

AuthorChristopher Rootham
 
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.
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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