Court Proceedings for Federal Public Servants

• Author: Christopher Rootham
• Pages: 693-698

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Court Proceedings for

FederalPublic Servants

A. INTRODUCTION

This chapter is designed to provide a brief overview of the interaction

between the court system and labour and employment law of the fed-

eral public service. That interaction takes place in two ways. The f‌irst,

and more common way is when a party applies for judicial review of

the decision of one of the tribunals discussed in previous chapters or

of a decision that cannot be referred to one of those tribunals. These

applications for judicial review are typically made either based on the

merits of the decision or alleged procedural unfairness by the tribunal

in question. The second less common way is when an employee of the

federal public service brings an action in civil court against the federal

Crown for events arising out of their employment. This chapter brief‌ly

describes the rules applicable to both types of court proceeding.

B. JUDICIAL REVIEW

Decisions of the Federal Public Sector Labour Relations and Employ-

ment Board, the Commissioner of the RCMP, a deputy head or desig-

nate acting as the f‌inal level of the grievance procedure responding to

a grievance that cannot be referred to adjudication, and the various

other decision-makers described in this book may be judicially reviewed

by the Federal Courts. Applications for judicial review are governed