The applicant sought judicial review of a Canada Labour Code adjudicator's decision dismissing her complaint of unjust dismissal.
The adjudicator had found her dismissal for incompetence justified, inferring from emails that she implicitly understood her job was in jeopardy.
The Federal Court held the adjudicator's decision unreasonable.
The inference that the applicant knew her job was in jeopardy was not supported by the evidence and relied on a significant factual error regarding the timing of her response.
Furthermore, binding jurisprudence requires explicit warnings and progressive discipline before dismissal for incompetence, which the employer failed to provide.
The application was allowed, and the adjudicator's decision set aside.
