Red Deer College v. Michaels

Red Deer College v. Michaels

The Court held that while a plaintiff must prove his damages, the employer bears the burden of proving that the dismissed employee failed to take reasonable steps to mitigate; the plaintiffs' evidence sufficed and the Appellate Division's award of 12 months' salary was upheld. The cross-appeal failed: the administrator's appointment was valid, collective-agreement tenure did not grant absolute permanence nor an automatic bar to contractual damages, injunction/specific performance was not warranted on these facts, and The Alberta Bill of Rights did not apply to alter the remedy.

Citation
[1976] 2 SCR 324
Parties
Defendant/appellant: Red Deer College; Plaintiff/respondent: Marion Rose Michaels; Plaintiff/respondent: William Francis Finn
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 May 1975
Procedural Posture
Wrongful Dismissal (employment) Appeal / Appeal to Supreme Court of Canada From Supreme Court of Alberta, Appellate Division; Judgment on Appeal and Cross Appeal
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Wrongful Dismissal, Mitigation of Damages, Burden of Proof, Tenure, Collective Agreement Procedure, Injunction/specific Performance, Statutory Appointment Validity, Provincial Bill of Rights
Source Language
English
Education Law Labour Law Employment Law Contract Law Administrative Law Wrongful Dismissal Mitigation of Damages Burden of Proof +5 more

Case Brief

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Parties

Red Deer College

Defendant/appellant

Marion Rose Michaels

Plaintiff/respondent

William Francis Finn

Plaintiff/respondent

Procedural Posture

Wrongful Dismissal (employment) Appeal / Appeal to Supreme Court of Canada From Supreme Court of Alberta, Appellate Division; Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Who bears the onus of proof on mitigation in wrongful dismissal claims
  2. 2 Whether dismissal was lawful given collective agreement tenure and procedures
  3. 3 Whether plaintiffs could seek injunction/specific performance to reinstate

Ratio Decidendi

The Court held that while a plaintiff must prove his damages, the employer bears the burden of proving that the dismissed employee failed to take reasonable steps to mitigate; the plaintiffs' evidence sufficed and the Appellate Division's award of 12 months' salary was upheld. The cross-appeal failed: the administrator's appointment was valid, collective-agreement tenure did not grant absolute permanence nor an automatic bar to contractual damages, injunction/specific performance was not warranted on these facts, and The Alberta Bill of Rights did not apply to alter the remedy.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • Main appeal dismissed with costs
  • Cross-appeal dismissed with costs