Public Law not Applicable to Employment Contract
March 29, 2017
posted in: Legal Updates
In Dunsmuir v. New Brunswick,  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.
Kirk Lambrecht Q.C. has published two case comments. This first, entitled Will Governments Embrace Constitutional Imperatives Flowing from the Honour of the Crown?, compares the context of the decision of…Read More
Shores Jardine LLP is pleased to sponsor a table at the YWCA Edmonton’s Rose Campaign 2020. The Rose Campaign is held each year in honour of the memory of 14…Read More
On October 15, 2020, Kirk Lambrecht Q.C. presented to the CBA North Administrative Law section on the topic: Vavilov: Making Sense of Judicial Review and Statutory Appeal.Read More