Date: 19990429
Docket: A-843-97
CORAM: LINDEN J.A.
ROTHSTEIN J.A.
MCDONALD J.A.
BETWEEN:
ATOMIC ENERGY OF CANADA LIMITED,
Appellant,
- and -
ROYA SHEIKHOLESLAMI,
Respondent.
Heard at Vancouver, British Columbia on April 29, 1999
Judgment delivered at Vancouver, British Columbia on April 29, 1999
REASONS FOR JUDGMENT BY: LINDEN J.A.
Date: 19990429
Docket: A-843-97
CORAM: LINDEN, J.A.
ROTHSTEIN, J.A.
MCDONALD, J.A.
BETWEEN:
ATOMIC ENERGY OF CANADA LIMITED,
Appellant,
- and -
ROYA SHEIKHOLESLAMI,
Respondent.
REASONS FOR JUDGMENT
(Delivered orally from the Bench on April 29, 1999
at Vancouver, British Columbia)
LINDEN, J.A.
[1] We are of the view that, except for the items agreed to, this appeal must be dismissed. Richard, J. correctly determined that the matters being reviewed were not jurisdictional, but within the jurisdiction of the Adjudicator and were essentially detailed questions of quantum, which can only be reviewed if there is patent unreasonableness. We have not been persuaded that the Adjudicator acted in a patently unreasonable way, even though he may have been more generous on some items than other Adjudicators may have been.
[2] The heart of the case was whether the Respondent should be paid on the basis of being on disability or as if she had been reinstated and paid her full salary and benefits. Even though counsel for the Appellant thought section 242(4) jurisdictionally forbade the latter result, Adjudicator Jamieson clearly meant her to be treated, in the unique circumstances of this case, as if she were on full salary, and that issue was not appealed. It is too late to challenge it in this case, which is a review of Adjudicator McKee's decision, not that of Adjudicator Jamieson.
[3] Upon the agreement of counsel, the following adjustments will be made to the award:
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1. Compensation from November 16, 1993 to August 31, 1994 is to be calculated as 7 1/2 months; |
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2. Merit increases at "exceeds requirements" range, to be determined at the rate of $2300 for the first year and $2700 for the second year. |
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3. Interest payable solely on the termination, compensation in lieu of reinstatement and costs items; |
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4. Employer entitled to withhold such statutory deductions as required by law. |
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5. Float days to be amended to 2. |
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[4] In all other ways, the appeal is dismissed with costs.
(Sgd.) "A.M. Linden"
J.A.
Vancouver, British Columbia
April 29, 1999
FEDERAL COURT OF APPEAL
Date: 19990429
Docket: A-843-97
BETWEEN:
ATOMIC ENERGY OF CANADA LIMITED,
Appellant,
- and -
ROYA SHEIKHOLESLAMI,
Respondent.
REASONS FOR JUDGMENT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DATED: April 29, 1999
COURT NO.: A-843-97
STYLE OF CAUSE: Atomic Energy of Canada Ltd.
v.
Roya Sheikholeslami
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: April 29, 1999
REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A.
CONCURRED IN BY: ROTHSTEIN J.A.
MCDONALD J.A.
APPEARANCES:
Mr. S. Bird for the appellant
| Mr. S. Rush for the respondent |
SOLICITORS OF RECORD:
Morris Rosenberg for the appellant
Deputy Attorney General
of Canada
Rush, Crane, for the respondent
| Barristers and Solicitors |
300 - 111 Water St.
Vancouver, BC
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