2 total
Medical secretary wrongfully dismissed without cause awarded nine months' notice after arbitrary salary reduction.
The plaintiff, a medical secretary, sued her former employer, a physician, for wrongful dismissal after 12.5 years of service.
The defendant claimed he terminated her for cause due to performance issues and her refusal to accept a significant salary reduction.
The court found insufficient evidence to support termination for cause, noting the defendant's complaints were largely related to an alleged overpayment error by his accountant.
The court awarded the plaintiff a nine-month notice period, amounting to $32,676.79, finding she had adequately mitigated her damages by retraining as a real estate agent.
Judicial review of arbitration award dismissed; arbitrator reasonably found sick leave benefits vested during employment.
The applicant university sought judicial review of an arbitration award that granted a former employee sick leave benefits for a period after his fixed-term employment contract had expired.
The arbitrator found that the employee's entitlement to the benefits had vested while he was still employed, bridging the gap to his long-term disability benefits.
The Divisional Court dismissed the application, holding that the standard of review was reasonableness and that the arbitrator's interpretation of the collective agreement was transparent, rational, and justified.
