John R. Dunn

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.

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.