More importantly, the written reasons and greater transparency demonstrated here should help avoid many of
the procedural fairness issues raised in Pridgen.
While the new section 19.1 may rectify
some procedural fairness issues, the changes to the Regulation falls short of addressing more major problems with the system, as noted by Professor Watson Hamilton in her earlier posts.
As a fall - back, the cancellation of Mr. Dunsmuir's disciplinary meeting in favour of his termination raised
a procedural fairness issue — one that we couldn't lose.
Mr. Petrie was keenly interested in
the procedural fairness issue but, strategically, the best outcome for Mr. Dunsmuir was a determination that the Public Service Labour Relations Act provided substantive rights permitting review of his dismissal.
Unfortunately, it allowed the Court of Appeal to also avoid
the procedural fairness issue.
No procedural fairness issue arose from the panel failing to provide sufficient reasons.
The procedural fairness issue will play a central role in the appeal currently being advanced.