Amanda Hunter

The applicant hospital sought judicial review of an arbitrator's decision overturning the transfer of an employee who had previously been disciplined for assaulting a co-worker.

The hospital argued the transfer was an administrative decision to protect the complainant under the Occupational Health & Safety Act.

The arbitrator found the transfer constituted a second penalty for the same offence, violating the principle of double jeopardy.

The Divisional Court dismissed the application, holding that the arbitrator's decision was reasonable and properly balanced the competing values of workplace safety and protection against double jeopardy.

The court held a case management teleconference to set an expedited schedule for an application for judicial review.

The court established deadlines for the application records and factums, and scheduled the hearing for December 3, 2020.

The court also encouraged the parties to agree on interim terms to avoid the necessity of a stay motion.

The plaintiff, a 62-year-old senior vice-president with 37 years of service, was terminated without cause.

On a motion for partial summary judgment, the court awarded a 30-month notice period, finding exceptional circumstances due to his age, tenure, and lack of comparable employment opportunities.

The court also held that the plaintiff was entitled to full bonus payments under the company's Long Term and Short Term Incentive Plans during the notice period, as the forfeiture clauses were not properly communicated, were ambiguous, and violated the Employment Standards Act.

The Court of Appeal issued a costs endorsement based on a consent filed by the parties.

The respondent was ordered to pay trial costs of $97,000 to one appellant, and $250,000 plus GST and disbursements to the other appellants.

The employee was terminated from his position as CFO but agreed to the assignment of his employment contract to an affiliated company within the corporate group.

The trial judge found that the contract was terminated and awarded the employee two years' severance pay.

On appeal, the Court of Appeal held that the trial judge erred in law by concluding the contract was terminated rather than assigned, and by reversing the burden of proof regarding an alleged forbearance agreement.

The appeal was allowed, setting aside the severance award, and the employee's cross-appeal for negligent misrepresentation against the individual defendant was dismissed.

The appellant employer appealed a trial judgment awarding the respondent employee 18 months' notice for wrongful dismissal, damages for mental distress, punitive damages, and solicitor-and-client costs.

The employee had suffered a workplace injury and was persistently harassed by the employer to return to work, causing her severe emotional distress and physical illness.

The Court of Appeal reduced the notice period to 12 months and set aside the punitive damages and costs awards.

However, the Court upheld the $15,000 award for mental distress, finding that the employer's extreme and insensitive harassment constituted the independent tort of intentional infliction of mental suffering.