Electec Engineering Inc. v. Costa

Parties

Procedural Posture

Appeal From Small Claims Court Regarding Wrongful Dismissal / Judgment on Appeal (decision)

Legal Issues

1. 1 Whether adjudicator should have recused for reasonable apprehension of bias
2. 2 Whether Small Claims adjudicator erred in calculating period of notice for wrongful dismissal
3. 3 Whether work-sharing agreement/Record of Employment terminated employment for severance calculation

Ratio Decidendi

The adjudicator did not show reasonable apprehension of bias from the isolated email and recusal was properly denied; the Small Claims adjudicator's factual findings (including employment from December 2006 to January 2014 and assessment of 25 weeks notice) were not unreasonable and the appeal is dismissed on the merits except that the question whether unpaid vacation was already paid was potentially a misapprehension and is remitted to the original adjudicator for determination; the affidavit tendered by employer is not admissible as fresh evidence.

Court Disposition

Appeal dismissed in respect of recusal and merits except unpaid vacation issue remitted to adjudicator for determination; adjudicator's remaining award confirmed; costs awarded to respondent.

Orders

• Dismiss the appeals from the recusal decision and the Small Claims decision except remit the issue of unpaid vacation to Adjudicator Gregg W. Knudsen for further hearing and determination
• Confirm the adjudicator's award of damages (including 25 weeks' wages and lost benefits) except as to unpaid vacation