5 total
Employee's civil claim for malicious prosecution dismissed as essential character of dispute fell under collective agreement.
The appellant employee appealed the dismissal of his civil action against his employer, which included a claim for malicious prosecution arising from a traffic charge instigated by the employer.
The Court of Appeal dismissed the appeal, agreeing with the motion judge that the essential character of the dispute arose from the interpretation, application, administration, or violation of the collective agreement.
As the statement of claim attacked a wide array of employer conduct in managing the workplace, the courts lacked jurisdiction to hear the matter.
Police officer's appeal of insubordination conviction for refusing to trim moustache dismissed by majority.
The appellant police officer appealed a conviction for insubordination after refusing to obey an order to trim his moustache to comply with personal appearance regulations.
The appellant argued the regulation was unlawful, discriminatorily enforced, and that his reassignment to menial tasks prior to the hearing constituted double jeopardy.
The majority of the Commission dismissed the appeal.
The dissenting member would have allowed the appeal on the basis that the appellant's reassignment to menial tasks amounted to punishment prior to formal conviction, thus constituting double jeopardy.
The appellant police officer appealed a conviction for insubordination after refusing an order to trim his moustache to comply with the force's personal appearance regulations.
In dissenting reasons, one member found that the appellant's reassignment to menial tasks amounted to punishment before formal conviction and would have allowed the appeal on the ground of double jeopardy.
Police discipline appeal allowed in part; one insubordination conviction quashed, another upheld for disrespectful conduct.
The appellant, a police sergeant, appealed convictions for insubordination arising from three exchanges with a superior officer.
The first charge had been dismissed at trial.
On appeal, the Commission allowed the appeal on the second charge, finding the evidence unclear as to when the disobedience occurred since the superior had acquiesced to the appellant's request for more time.
The Commission dismissed the appeal on the third charge, finding that the appellant's manner of speaking to his superior, which included profanity and complaints about being put in a difficult position, was insolent, rebellious, and disrespectful.
Police officers' appeals against convictions and dismissal for dancing nude in a tavern while on duty dismissed.
Two police officers appealed their convictions and penalties for discreditable conduct, neglect of duty, and consuming intoxicating liquor while on duty.
The charges arose from an incident where the officers visited a tavern while on duty, and one officer danced nude on stage.
The appellants argued the convictions should be quashed because the exact date of the offence was not proven.
The Commission held that the failure to prove the exact date was not fatal, as the charges were explicit and the evidence was sufficient.
The Commission also upheld the penalties, finding the conduct destroyed trust and confidence in the officers.
The appeals were dismissed.
