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Application for judicial review allowed; adjudicator unreasonably applied wrong standard and demonstrated apprehension of bias.
The applicant airline sought judicial review of an adjudicator's decision under the Canada Labour Code finding that the respondent pilot's dismissal for insubordination was unjust.
The pilot had been removed from duty due to concerns regarding his behaviour and attitude based on safety reports from colleagues, and was subsequently dismissed after continually refusing to undergo an Aviation Medical Consultation (AMC) with the airline's designated Civil Aviation Medical Examiner.
The Federal Court granted the application for judicial review and set aside the adjudicator's award, concluding the decision was unreasonable for applying a "serious cause" standard rather than the "reason to believe" unfitness standard required by the Canadian Aviation Regulations.
The Court also found that the adjudicator exhibited a reasonable apprehension of bias against the airline and its medical expert.
The matter was remitted to a new adjudicator with a direction to consider the employer's contractual obligation to provide reasons in writing when requiring an AMC.
