Supreme Court of Canada
McDonald v. New Brunswick Electric Power Commission, [1979] 2 S.C.R. 784
Date: 1979-05-22
George J. McDonald Appellant;
and
The New Brunswick Electric Power Commission Respondent.
1978: October 17, 18; 1979: May 22.
Present: Laskin C.J. and Martland, Ritchie, Spence, Pigeon, Dickson, Beetz, Estey and Pratte JJ.
ON APPEAL FROM THE SUPREME COURT OF NEW BRUNSWICK, APPEAL DIVISION
Labour relations—Adjudication—Public service labour relations—Collective agreement—Right to discharge for just and sufficient cause—Adjudication of grievances by adjudicator—Jurisdiction of adjudicator—Power to vary penalties—Public Service Labour Relations Act, R.S.N.B. 1973, c. P-25, ss. 92, 101.
APPEAL from a judgment of the Supreme Court of New Brunswick, Appeal Division, allowing an appeal from a judgment of Stratton J. quashing the decision of an adjudicator under the Public Service Labour Relations Act, R.S.N.B. 1973, c. P-25. Appeal allowed.
Roy W. Dixon, for the appellant.
E. Neil McKelvey, Q.C., and Robert G. Vincent, for the respondent.
The judgment of the Court was delivered by
DICKSON J.—The facts, earlier proceedings, and argument in this appeal are as in the appeal of Maynard P. Heustis v. The New Brunswick Electric Power Commission. (reported supra at p. 768.)
For the reasons given today in that appeal, I would allow the present appeal, set aside the judgment of the Appeal Division of the Supreme Court of New Brunswick, and restore the order of Stratton J. The appellant is entitled to costs in this Court and in the Appeal Division.
[Page 785]
Appeal allowed with costs.
Solicitors for the appellant: Hoyt, Mockler, Allen & Dixon, Fredericton.
Solicitors for the respondent: McKelvey, Macaulay, Machum, Saint John.
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