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Judicial review allowed; CRA's grievance decision regarding employee transfer for McNeil concerns was unreasonable.
The applicant, a CRA criminal investigator, brought an application for judicial review of the CRA's decision to deny her grievance regarding a transfer out of the Criminal Investigation Division.
The transfer was based on McNeil concerns stemming from a past disciplinary incident involving the copying of workplace CDs containing taxpayer information.
The Federal Court found the dispute was not moot.
The Court held the grievance decision was unreasonable because the decision maker relied solely on the PPSC's legal opinions regarding the applicant's credibility without justifying that reliance in light of contradictory considerations, including prior tribunal decisions reducing her discipline and the CRA's own policies on serious misconduct.
The application for judicial review was allowed and the matter remitted for redetermination.
