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The Court of Appeal upheld a trial judgment finding that a physician objectively terminated his nurse's 22-year employment.
The appellant, a physician, appealed a trial judgment awarding damages for wrongful termination of employment to the respondent, a nurse who had worked in his medical office for 22 years.
The trial judge found that the appellant terminated the respondent's employment at a meeting on June 20, 2012, based on credibility findings that favored the respondent's account of events.
The appellant argued the trial judge's credibility findings were unreasonable and failed to consider the context of the respondent's resistance to converting office records to electronic format.
The Court of Appeal upheld the trial judgment, finding no overriding and palpable error in the trial judge's findings of fact and credibility.
The court also found no reversible error in the trial judge's determination of reasonable notice period under the Bardal factors.
The appeal was dismissed with costs fixed at $15,000, all inclusive, with a correction to the pre-judgment interest rate from 3 percent to 1.3 percent to be recalculated by the parties.
Long-term medical office manager awarded 24 months' notice after abusive termination by employer.
The plaintiff, a registered practical nurse and office manager with 22 years of service, sued her employer, a plastic surgeon, for wrongful dismissal.
Following a dispute over the implementation of electronic medical records, the employer yelled at the plaintiff, used profanity, and told her to get out, stating he was sick of looking at her 'ugly face'.
The court found that the plaintiff was expressly fired, or alternatively constructively dismissed, as the employer's conduct made continued employment intolerable.
The court awarded a 24-month notice period, less mitigation earnings, but dismissed claims for aggravated and punitive damages.
Appeal allowed; failure to return employee to former position after stress leave constituted constructive dismissal.
The appellant employee took a stress leave from her position as a service advisor at an automobile dealership.
Upon her return, the employer failed to place her in her former position or pay her the agreed-upon rate, instead assigning her menial tasks.
The trial judge found the employee did not wish to return to work and dismissed the action.
The Court of Appeal reversed, finding the employer unilaterally changed the fundamental terms of employment, constituting constructive dismissal.
The Court awarded 10 months' salary in lieu of notice, but declined to award Wallace damages as there was no bad faith.
