Employer’s application for judicial review was dismissed

Labour law

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Discipline and termination

Employer’s application for judicial review was dismissed

Employer dismissed worker for committing violent act in workplace. Worker’s grievance for wrongful dismissal was granted and dismissal was annulled. Worker’s misconduct merited severe penalty but employer failed to account for worker’s medical state and as such, employer’s behaviour constituted discriminatory act. Employer brought application for judicial review. Application dismissed. Commissioner did not break rules of procedural fairness. Commissioner did not err in concluding there was provocation. Even if commissioner could not take into account “some provocation”, decision was based on other mitigating factors supported by evidence on record. Given discrimination, commissioner did not err in concluding that ground of discrimination needed not be only factor in dismissal; that grounds of discrimination simply needed to be one factor. Evidence showed that employer was well aware of worker’s health condition. Decision of commissioner did not establish that employer could not terminate employee who committed violent acts; rather decision of commissioner showed that termination of employee could not be taken without consideration of offending employee’s health status.
Canada (Procureur général) c. Rahmani (2016), 2016 CarswellNat 5330, 2016 CAF 249, Gauthier J.A., Boivin J.A., and Yves de Montigny J.A. (F.C.A.); application for judicial review refused (2016), 2016 CarswellNat 460, 2016 CarswellNat 461, 2016 PSLREB 10, 2016 CRTEFP 10, Marie-Claire Perrault Member (Can. P.S.L.R.E.B.).