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The court struck several pleading paragraphs in a wrongful dismissal case for lacking material facts, but granted leave to amend and ordered each side to bear its own costs.
The appeal is dismissed because the adjudicator's conclusion that the employer acted in bad faith and therefore that he had jurisdiction under paragraph 209(1)(b) was reasonable in light of the employer's failure to provide evidence or facts to support the dismissal; the adjudicator's omission to explicitly state 'disguised discipline' was not fatal given a holistic reading of the reasons and record.
Source excerpt
The revised Offer of Employment was enforceable: its termination provisions for employer-initiated without-cause dismissal complied with the Nova Scotia Labour Standards Code and displaced common-law notice; any potentially offending resignation provision was severable; there was no unconscionability, no non est factum, no material change of substratum, and no bad faith warranting additional relief. Claimant's claim dismissed and contractual terms enforced.
Source excerpt
The appeal was dismissed because the appellant failed to adduce evidence raising a triable issue that his termination was motivated by bad faith to appropriate his book of business; therefore the respondent was entitled to summary judgment on the loans and the counterclaim did not justify equitable set-off or a stay.
Source excerpt
The court held that Tucker was wrongfully dismissed on 2 weeks’ notice, fixed reasonable notice at 16 months, and rejected bad faith and mitigation arguments.
Wrongful dismissal claim: the court awarded four months’ notice, rejected a bad faith extension, found no failure to mitigate, and denied vacation pay.
The court held the written employment documents governed, found bad-faith dismissal to avoid commissions, and awarded quantum meruit plus commission-related damages.
The court partly granted a costs application in a wrongful dismissal case, awarding the defendant costs for one day of trial on the bad faith dismissal issue and setting them off against the plaintiff's costs.
A fixed-term employee was entitled to damages for the balance of the term, unpaid salary reductions, and benefits, but not retroactive rollback pay.
The court awarded a wrongfully dismissed executive director 12 months’ notice, less five months already paid, after finding limited re-employment prospects and aggravating employer conduct.
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