The New Brunswick Court of Appeal has dismissed a wrongful dismissal appeal by a former instructor at the Maritime College of Forest Technology (MCFT), upholding a lower court’s decision to award him seven months’ pay in lieu of notice but denying claims for moral, aggravated, and punitive damages.
The decision confirms the trial judge’s ruling that while the instructor was wrongfully dismissed, his behaviour justified the limited damages awarded.
Justice Green, writing for a unanimous panel including Justices French and LaVigne, stated that R.C.’s appeal sought “12-month’s pay in lieu of notice as well as significant moral and punitive damages.” However, the Court found “no error in the trial judge’s decision warranting appellate intervention” and concluded that the trial judge’s seven-month notice period was within an “acceptable range” for similar cases.
Background and termination
R.C. began his employment at MCFT in 2012 as a Forest Operations Supervisor, eventually becoming an Academic Instructor. Tensions began to rise when T.M. became Executive Director of the College in 2017, introducing changes that challenged the College’s traditional culture. According to the trial judge, “(R.C.) did not share (T.M.’s) point of view with respect to changing the culture at the College,” leading to increased friction between the two.
In the summer of 2018, R.C. applied for the position of Academic Chair but was passed over in favour of a colleague, further straining relationships. R.C.’s relationship with that colleague, his new supervisor, soon soured, with the trial judge noting that “faculty meetings were tense” and “less frequent” due to the discord.
The situation culminated in June 2019 when R.C. was dismissed following allegations of insubordination, harassment, and “disparaging remarks” about College management. Despite these issues, the College did not provide him with any formal warnings before his termination, a factor which Justice Green noted was pivotal in the wrongful dismissal finding.
Trial findings
The trial judge had awarded R.C. seven months’ pay, rejecting his claims for moral and punitive damages. R.C.’s appeal argued that the judge erred in calculating the notice period and in dismissing his claims for additional damages. Justice Green, however, supported the trial judge’s assessment, stating that “reasonable notice must reflect an individually calibrated application of the relevant factors,” such as the length of service and the availability of comparable employment.
While the Court agreed that the trial judge erred by applying a “common law standard of one month per year of service,” they found the final award still fell within a reasonable range. Justice Green referenced New Brunswick jurisprudence to affirm that R.C.’s seven-month notice period was consistent with similar wrongful dismissal cases in the province.
Claims for damages
R.C.’s appeal also sought $100,000 each in moral and punitive damages, arguing that his termination was handled in bad faith. However, the trial judge’s assessment was that the College’s conduct, while poorly managed, did not meet the threshold for aggravated or punitive damages. The Court of Appeal agreed, noting that “the worst that can be said of the employer is that they ‘were sloppy’ in the manner they failed to address issues with (R.C.).”
R.C.’s theory that his dismissal was part of a conspiracy to silence him over his views on glyphosate, a herbicide used in forestry, was rejected at trial and was not part of the appeal. Justice Green stated that there was “simply nothing” to support this theory and reaffirmed that the dismissal stemmed from “attitude and behaviours” that made his continued employment “impossible.”
Concluding remarks
In its ruling, the Court noted that the case underscored the importance of employers documenting performance issues and providing employees with adequate warning before termination. While acknowledging that the College’s handling of R.C.’s employment was flawed, Justice Green emphasized that the decision to deny him moral and punitive damages was consistent with previous rulings, stating, “damage awards of the type sought by (R.C.) are rare.”
The appeal’s dismissal means R.C. will also be responsible for $2,500 in costs.
For more information, see Cumberland v. Maritime College of Forest Technology, 2024 NBCA 122 (CanLII).
