Fearon, Re; New Brunswick Teachers' Federation and Fearon v. New Brunswick and Board of School Trustees, District 24, (1981) 33 N.B.R.(2d) 451 (TD)

• Judge: Dickson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: January 26, 1981
• Jurisdiction: New Brunswick
• Citations: (1981), 33 N.B.R.(2d) 451 (TD)

Fearon, Re (1981), 33 N.B.R.(2d) 451 (TD);

    33 R.N.-B.(2e) 451; 80 A.P.R. 451

MLB headnote and full text

Sommaire et texte intégral

Re Fearon; New Brunswick Teachers' Federation and Fearon v. Province of New Brunswick and Board of School Trustees, District 24.

Indexed As: Fearon, Re; New Brunswick Teachers' Federation and Fearon v. New Brunswick and Board of School Trustees, District 24

Répertorié: Fearon, Re; New Brunswick Teachers' Federation and Fearon v. New Brunswick and Board of School Trustees, District 24

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Fredericton

Dickson, J.

January 26, 1981.

Summary:

Résumé:

This case arose out of a high school principal's grievance from his dismissal from his employment. The principal changed the letters of resignation of two of his teachers, forged their signatures and submitted them to the school board. The school board upon becoming aware of the principal's actions dismissed him. In a decision reported 32 N.B.R.(2d) 336; 78 A.P.R. 336, the adjudicator of the principal's grievance from his dismissal dismissed the grievance and upheld the dismissal. The principal applied for an order of mandamus with certiorari in aid to quash the decision.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the application.

Administrative Law - Topic 1420

Finality - Privative clauses - Effect of - Public Service Labour Relations Act, R.S.N.B. 1973, c. P-25, s. 101, protected the decisions of adjudicators from judicial review - The New Brunswick Court of Queen's Bench, Trial Division, refused to disturb the decision of an adjudicator dismissing an employee's grievance from his dismissal for cause, where the adjudicator was not shown to have exceeded or abused his jurisdiction.

Administrative Law - Topic 2264

Natural justice - Duty of fairness - When required - An adjudicator under the N.B. Public Service Labour Relations Act ruled that in dismissing a teacher the school board was merely an employer, whose decision was subject to review under the arbitration provisions of the applicable collective agreement - As such, the school board was not bound by a duty of fairness - The New Brunswick Court of Queen's Bench, Trial Division, refused to disturb the adjudicator's decision - See paragraphs 15 to 17.

Labour Law - Topic 9154

Public Service Labour Relations - Discipline and dismissal of civil servants - Dismissal - What constitutes cause for - A high school principal changed the letters of resignation of two of his teachers, forged their signatures, and submitted them to the school board - The school board upon becoming aware of the principal's actions suspended him pending the completion of an investigation into his alleged activities and he was ultimately dismissed - The adjudicator of the principal's grievance from his dismissal dismissed the grievance and ruled that he was dismissed for cause - The New Brunswick Court of Queen's Bench, Trial Division, refused to disturb the adjudicator's decision.

Cases Noticed:

Johnson v. City of Halifax et al. (1975), 12 N.S.R.(2d) 547; 6 A.P.R. 547, refd to. [para. 18].

Statutes Noticed:

Public Service Labour Relations Act, R.S.N.B. 1973, c. P-25, sect. 101 [para. 27].

Counsel:

E.J. Mockler and Carol McLennan, for the applicants;

David M. Norman, Q.C., for the respondents.

This case was heard at Fredericton, N.B., before DICKSON, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Fredericton, who delivered the following judgment on January 26, 1981: