Public Law not Applicable to Employment Contract

In Dunsmuir v. New Brunswick, [2008] 1 SCR 190, 2008 SCC 9 the Supreme Court of Canada found that employees working for a public agency or board have their employee rights, in the context of dismissal claims, governed by private law (employee contract) and not public law.  Recently in Chak v. Alberta (Human Rights Commission), 2017 ABCA 88 the Court of Appeal similarly found that public employees’ employment contracts govern the relationship; therefore employees are not able to a have a complaint about the termination of their employment judicially reviewed, but are able to sue for civil relief for wrongful dismissal.

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