The appellant employer dismissed the respondent employee.
An adjudicator found the dismissal unjust and ordered the employer to provide a letter of recommendation with specified factual content and to answer any reference inquiries exclusively by sending that letter.
The employer appealed, arguing the orders infringed its freedom of expression under s. 2(b) of the Charter.
The Supreme Court of Canada held that the Charter applies to administrative adjudicators.
The Court found that both the positive order to write the letter and the negative order restricting further comments infringed s. 2(b) but were saved under s. 1 as reasonable limits designed to counteract the consequences of the unjust dismissal.
