Gaskin v. Canada Revenue Agency

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2012 PSLRB 76
Before: Kate Rogers
Decision Rendered: July 20, 2012
Original Language: English
An application for judicial review before the Federal Court of Appeal is dismissed (Court file: A-366-12). An appeal before the Supreme Court of Canada is dismissed (Court file: 35294).

Subject terms:

Complaint pursuant to section 133, 147 and others of the Canada Labour Code (“the Code”) – Preliminary objection – Mootness

The complainant alleged that the employer violated several health and safety provisions of the Code – the employer objected that the complaint presented no prima facie evidence of a violation of the Code and that it did not establish any evidence to support the allegations – the Board’s decision in 2008 PSLRB 96 dismissed a strikingly similar complaint from the complainant – the current complaint appeared identical to the complaint considered and dismissed in 2008 PSLRB 96 – the Board concluded that the complaint did not reveal new reasons or grounds or any new exercise of a protected right that would bring it within the parameters of section 147 of the Code.

Complaint dismissed.