consent orderpatent errorRule 33alteration of orderNEC Appeals Board
Tags
consent orderalteration of orderpatent errorprocedural irregularities
legislation
Statutes Cited
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the consent order contained a patent error warranting alteration under Rule 33","issue_type":"procedural","dispositive":"yes","related_facts":"Parties agreed to consent order terms; remittal not mentioned in agreement"}
{"issue_text":"Whether the applicant satisfied requirements for setting aside an order by consent","issue_type":"procedural","dispositive":"yes","related_facts":"No common mistake demonstrated; parties not ad idem on alleged error"}
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background
Facts of the Case
Background
The applicant, a former employee of the respondent bank, sought to alter a consent order that had upheld the respondent's appeal and set aside the NEC Appeals Board decision. The applicant claimed the order contained a patent error by failing to remit the matter back to the Board for determination on merits, arguing this exposed him to irreparable harm.
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