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Dreena Davis, an employee of the Royal Canadian Mounted Police (RCMP) who worked in the Employee & Management Relations Office Workplace Responsibility Unit, filed a motion to appeal an Order issued by Associate Judge Catherine A. Coughlan. The Order granted the Defendant's motion to strike the Statement of Claim without leave to amend. The Statement of Claim alleged unfair labor practices by the Defendant from 2014 onwards. The Defendant argued that the Statement of Claim should be struck down under section 236 of the Federal Public Sector Labour Relations Act, which prohibits public servants from bringing actions that can be addressed through the grievance process. Associate Judge Coughlan determined that the Court lacked jurisdiction to hear the Plaintiff's action and struck the Statement of Claim. Dreena Davis appealed the Order, seeking its reversal. However, the appeal was subject to a specific standard of review, requiring the Plaintiff to demonstrate a serious error of law or a significant misunderstanding of the facts by Associate Judge Coughlan. After reviewing the case, the Court concluded that the Plaintiff had not presented any evidence of an error warranting intervention. Consequently, the Plaintiff's motion to appeal was dismissed, and the Defendant was awarded a sum of $500.00.
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Plaintiff
Defendant
Court
Federal CourtCase Number
T-1387-21Practice Area
Labour & Employment LawAmount
$ 500Winner
DefendantTrial Start Date