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Cour d'appel fédérale |
BETWEEN:
and
Heard at Winnipeg, Manitoba, on February 23, 2011.
Judgment delivered from the Bench at Winnipeg, Manitoba, on February 23, 2011.
REASONS FOR JUDGMENT OF THE COURT BY: SEXTON J.A.
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Cour d'appel fédérale |
Date: 20110223
Docket: A-74-10
Citation: 2011 FCA 124
CORAM: LÉTOURNEAU J.A.
NADON J.A.
SEXTON J.A.
BETWEEN:
WAYWAYSEECAPPO FIRST NATION
Appellant
and
STEPHANIE COOKE
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Winnipeg, Manitoba, on February 23, 2011)
[1] We are unable to conclude that the arbitrator or the motion judge erred in concluding that the applicant had failed to demonstrate that there had been a discontinuance of a function within the meaning of section 242(3.1) of the Canada Labour Code, R.S.C. 1985, c. L-2, as amended.
[2] The appeal will therefore be dismissed and the matter will be returned to the adjudicator for hearing on the issue of unjust dismissal and damages. In view of the very late filing of the memorandum of fact and law by the respondent, there will be no order as to costs.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-74-10
STYLE OF CAUSE: Waywayseecappo First Nation v. Stephanie Cooke
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING: February 23, 2011
REASONS FOR JUDGMENT OF THE COURT BY: Létourneau, Nadon and Sexton JJ.A.
DELIVERED FROM THE BENCH BY: Sexton J.A.
APPEARANCES:
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FOR THE APPELLANT
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Winnipeg, Manitoba
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FOR THE APPELLANT
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Winnipeg, Manitoba |
FOR THE RESPONDENT
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