What is the standard of review in employment law?
Canada (Federal), Canada
The following excerpt is from Backx v. Canada (Canadian Food Inspection Agency), 2010 FC 480 (CanLII):
In another recent case, Dubé v. Canada (Attorney General), 2006 FC 796, [2006] F.C.J. No. 1014, Mr. Justice Blanchard determined that two issues in the case required separate standards of review. In regards to the legal issue of whether the guidelines in question formed part of the terms and conditions of employment, such that they could be the subject of a proper grievance, he determined that the standard applicable was correctness. In regards to whether the employer Minister had observed the guidelines, the Judge held that the standard of review was reasonableness (at paragraphs 24 to 33).
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