The applicant sought judicial review of three final level grievance decisions by the Canada Border Services Agency.
The grievances alleged that the employer breached the Values and Ethics Code for the Public Sector, which the applicant asserted was a condition of his employment.
The employer denied or dismissed the grievances, arguing mootness in two and compliance with the Canada Labour Code in the third.
On judicial review, the Federal Court rejected the employer's preliminary objection that the applications were premature.
Turning to the merits, the Court found the decisions unreasonable because the decision-maker entirely failed to grapple with the central issue raised by the applicant—namely, whether the employer's actions violated the Values and Ethics Code.
The applications were allowed, the decisions set aside, and the matters remitted to a different decision-maker.
