Kenneth Allan Krupat

Nylene Canada Inc. appealed a wrongful dismissal damage award, arguing the trial judge erred in calculating the reasonable notice period by including pre-retirement service and by exceeding a 24-month maximum.

The Court of Appeal affirmed the trial judge's findings that the "retirement/re-hiring" was solely for pension access and did not constitute a break in service.

The court also upheld the 26-month notice period, finding it justified by the employee's unique circumstances, including long tenure, specialized skills, age, and difficulty finding new employment.

The appeal was dismissed.

The appellant appealed the dismissal of its claim for breach of restrictive covenants in its contracts with the respondent independent contractors.

The trial judge had found the covenants were not brought to the attention of the respondents, were unenforceable, and that damages were not proven.

Because the appellant did not appeal the finding concerning damages, the Court of Appeal found no basis to set aside the trial judge's order and dismissed the appeal.

The applicant, a university professor, received a threatening and sexually harassing email from an unknown sender while seven months pregnant.

She alleged the respondent university failed to adequately investigate and respond to the incident.

The Tribunal found that while the university met its substantive obligations by responding promptly and providing a safe work environment, it breached its procedural obligations under the Human Rights Code by failing to maintain communication with the applicant and lacking adequate policies and training for such incidents.

The Tribunal awarded the applicant $8,000 for injury to dignity, feelings, and self-respect, plus $1,950 for ongoing counselling.