Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Employment law - Constructive dismissal - Repudiation of employment contract - Appellant holding public office pursuant to appointment by Lieutenant-Governor in Council - Parties in discussions seeking to bring employment contract to end when appellant suspended with pay for indefinite period - Appellant initiating action for constructive dismissal - Commission stopping his pay and benefits, arguing that appellant effectively resigned when he initiated action - Whether administrative suspension which the employer intends will end with termination of employment contract constitutes constructive dismissal - Whether employee necessarily resigns by bringing action for constructive dismissal - Whether amounts received under a pension should be deducted from damages for constructive dismissal

In 2006, the appellant was appointed as the Executive Director of the New Brunswick Legal Aid Services Commission by the Lieutenant-Governor in Council of New Brunswick. His appointment was for a seven-year term.

A few years into the appellant’s term, relations with the Commission’s Board of Directors deteriorated and discussions about finding a mutually acceptable method of bringing his contract to an end began. In January 2010 and while he was on sick leave, the appellant was advised that he was not to return to work until further direction from the Commission and that his salary would continue to be paid in the meantime. Unbeknownst to the appellant, that same day, the Commission had sent a letter to the Minister of Justice recommending that the Lieutenant-Governor in Council revoke the appellant’s appointment.

In March 2010, the appellant filed an action against the Commission, claiming that he had been constructively dismissed. The Commission took the position that, by claiming constructive dismissal, the appellant had effectively resigned his position. The Commission immediately stopped his salary and benefits.

Lower Court Rulings