Class action for systemic workplace harassment struck because the FPSLRA grievance scheme ousted the Court's jurisdiction.
The plaintiffs sought to certify a class action for systemic negligence against Indian Oil and Gas Canada (IOGC), alleging systemic workplace harassment and discrimination.
The Attorney General moved to strike the claim, arguing the Federal Court lacked jurisdiction due to section 236 of the Federal Public Sector Labour Relations Act (FPSLRA).
The Court held that the claims related to the terms and conditions of employment, making them grievable under the FPSLRA and its predecessor, the Public Service Staff Relations Act.
The Court found the plaintiffs failed to present compelling evidence that the statutory grievance mechanisms were incapable of providing effective redress to justify exercising residual jurisdiction.
The motion to strike was granted without leave to amend, and the certification motion was dismissed.
Judicial review granted but request for Court to decide merits of workplace complaint denied.
The applicant sought judicial review of a final report by a competent person investigating his workplace violence complaint.
The respondent conceded that the investigation was procedurally unfair.
The applicant asked the Court to make a final determination on the merits based on the existing record rather than returning the matter for a new investigation.
The Federal Court held it lacked authority to decide the merits of the complaint, as Parliament vested that power in the employer under the Canada Occupational Health and Safety Regulations.
The Court set aside the report and remitted the matter to be processed by a different competent person.
