What is the effect of the adjudicator's inquiry into whether the grievor's rejection was a disciplinary dismissal?
Canada (Federal), Canada
The following excerpt is from Vachon v. Canada, 1981 CanLII 2793 (FC), [1982] 2 FC 455:
Pigeon J., with whom Beetz J. concurred, said at pp. 2-3 D.L.R., p. 40 S.C.R.: While the adjudicator was entitled to inquire whether the grievor's rejection was in fact a disciplinary dismissal, this inquiry was on a fact on which his jurisdiction depended, his findings could not therefore be considered as conclusive and was subject to review as a matter of law: Bell v. Ontario Human Rights Commission (1971), 1971 CanLII 195 (SCC), 18 D.L.R. (3d) 1, [1971] S.C.R. 756.
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