WRONGFUL DISMISSAL - Dismissal without cause - Reasonable notice period or wages in lieu

Law360 Canada ( October 30, 2024, 11:38 AM EDT) -- Appeal by Cumberland from the decision of the Court of King's Bench which found his dismissal from employment was not with cause and dismissed his claim for damages. Cumberland initially joined the Maritime College of Forest Technology ("College") as a Forest Operations Supervisor and was later promoted to Academic Instructor. His employment was terminated ostensibly for cause, leading him to file a wrongful dismissal action against the College. The trial judge at the Court of King’s Bench ruled that Cumberland had not been dismissed for cause as the trial judge found that the College failed to provide clear warnings about his conduct beforehand and he was entitled to a seven-month notice period. However, his claims for aggravated, moral, and punitive damages were dismissed. Dissatisfied with the ruling, Cumberland appealed, seeking a 12-month notice period and significant moral and punitive damages. On appeal, Cumberland argued that the trial judge erred in applying a common law standard of one month per year of service to determine the notice period and in determining Cumberland was not entitled to moral, aggravated, or punitive damages....
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