Tait v. New Brunswick, (2012) 391 N.B.R.(2d) 262 (TD)

• Judge: Rideout, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: July 12, 2012
• Jurisdiction: New Brunswick
• Citations: (2012), 391 N.B.R.(2d) 262 (TD);2012 NBQB 240

Tait v. N.B. (2012), 391 N.B.R.(2d) 262 (TD);

    391 R.N.-B.(2e) 262; 1013 A.P.R. 262

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Temp. Cite: [2012] N.B.R.(2d) TBEd. JL.028

Renvoi temp.: [2012] N.B.R.(2d) TBEd. JL.028

Trent Tait (applicant) v. Her Majesty the Queen in Right of the Province of New Brunswick, as Represented by Board of Management on Behalf of Ambulance NB (respondent)

(MM 61-12; 2012 NBQB 240; 2012 NBBR 240)

Indexed As: Tait v. New Brunswick

Répertorié: Tait v. New Brunswick

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Moncton

Rideout, J.

July 19, 2012.

Summary:

Résumé:

Tait's employment as a casual paramedic was terminated during his probationary period. The union grieved. An arbitrator concluded, on a preliminary objection, that he did not have jurisdiction to hear the grievance and dismissed it. Tait, representing himself because the union had declined to, sought judicial review.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the application. Tait had no standing to bring the application. Alternatively, the arbitrator's decision respecting the preliminary objection was reasonable.

Labour Law - Topic 9102

Public service labour relations - Grievances - Matters referrable to adjudication - Tait's employment as a casual paramedic was terminated during his probationary period - The union grieved - An arbitrator concluded, on a preliminary objection, that he did not have jurisdiction to hear the grievance and dismissed it - The adjudicator found that a Memorandum of Understanding negotiated between the union and the employer (Ambulance NB) provided that a casual employee during his probationary period could be disciplined or discharged without the employee having rights to grievance or adjudication procedures - Tait sought judicial review himself because the union had declined to - The New Brunswick Court of Queen's Bench, Trial Division, dismissed the application - Tait had no standing to bring the judicial review application - Alternatively, the arbitrator's decision respecting the preliminary objection was reasonable.

Labour Law - Topic 9302

Public service labour relations - Judicial review - General - Status or standing - [See Labour Law - Topic 9102 ].

Droit du travail - Cote 9102

Relations de travail dans les services publics - Griefs - Questions arbitrables - [Voir Labour Law - Topic 9102 ].

Droit du travail - Cote 9302

Relations de travail dans les services publics - Contrôle judiciaire - Généralités - Qualité pour agir - [Voir Labour Law - Topic 9302 ].

Cases Noticed:

Dionne v. Sawyer (1990), 106 N.B.R.(2d) 25; 265 A.P.R. 25 (C.A.), refd to. [para. 8].

Canadian Union of Public Employees, Local 2404 et al. v. Grand Bay-Westfield (Town) (2006), 308 N.B.R.(2d) 205; 797 A.P.R. 205 (C.A.), refd to. [para. 9].

Weber v. Ontario Hydro, [1995] 2 S.C.R. 929; 183 N.R. 241; 82 O.A.C. 321, refd to. [para. 13].

Noël v. Société d'énergie de la Baie James, [2001] 2 S.C.R. 207; 271 N.R. 304; 2001 SCC 39, refd to. [para. 14].

Counsel:

Avocats:

Trent Tait, appeared in person;

Keith Mullen, on behalf of the respondent.

This application was heard on July 12, 2012, before Rideout, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Moncton, who released the following decision on July 19, 2012.