Executive Summary: Key Legal and Evidentiary Issues

• The appellant claimed psychological harassment, defamation, and discrimination by his federal employer.

• The Federal Court struck the claim based on lack of jurisdiction under the Federal Public Sector Labour Relations Act.

• Section 236 of the Act mandates that employment disputes be addressed through the grievance process, not through the courts.

• The appellant attempted to raise a constitutional challenge for the first time on appeal, which the Court declined to hear.

• The Court found no error in the Federal Court’s conclusion that the claim was not justiciable.

• Costs of $2,500 were awarded to the Crown as a lump sum.

Facts and outcome of the case

Firmin Nguepi Dongmo, a federal public servant employed by Service Canada, filed a claim in the Federal Court alleging various forms of workplace misconduct including psychological harassment, intimidation, defamation, and discrimination. He sought damages in the amount of $3 million. The Federal Court dismissed the claim entirely, without granting leave to amend, on the basis that it lacked jurisdiction under the Federal Public Sector Labour Relations Act.

The Federal Court concluded that the allegations related directly to Dongmo’s employment and therefore must be addressed through the internal grievance mechanisms specified in the legislation, particularly section 208(1). Section 236 of the Act explicitly bars courts from hearing claims that should be processed as employment grievances. This decision led Dongmo to appeal to the Federal Court of Appeal.

On appeal, Dongmo argued that the Federal Court failed to consider all relevant facts and misapplied its jurisdictional analysis. He also introduced a constitutional question challenging section 236 of the Act and section 221 of the Federal Courts Rules, claiming these provisions improperly restrict access to the courts, especially for Charter-based claims. However, the appellate court noted that this constitutional argument had not been raised in the lower court and found the record insufficient to address it for the first time on appeal.

The Federal Court of Appeal held that the lower court had properly applied the legal test for striking out a claim and found no reviewable error. It also dismissed Dongmo’s arguments about joining the case with other proceedings pending before administrative bodies and other court files. Finding the appeal meritless, the Court dismissed it and awarded the respondent (the Crown) $2,500 in costs.