| David Harris - Canadian Employment Law |
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Nihal Mathur fired by the Bank of Nova Scotia in the 1990.
He was available to use the Canada Labour Code unjust
dismissal provisions and was reinstated to the employment of
the Bank in December of 1993, with loss of income since his
termination. The reinstatement was not a complete redemption
as the adjudicator noted that while the Bank had fallen
short of its obligation to use its progressive discipline
policies, Nihal himself needed to improve his own
communications and inter-personal skills. After a tempestuous period of employment, the Bank again terminated Nihal's employment, this time alleging that his termination was due to decision to merge two positions to one, for which he was not the successful candidate. His termination was challenged on the basis that it was disguised attempt to terminate him and the redundancy decision was not one made in good faith. The adjudicator agreed that this indeed was the case, but declined to reinstate Nihal. The Bank had paid to him what it considered a fair common law severance. The adjudicator, Mr. Tim Armstrong also ordered lost income to the date of the hearing and further compensation, presuming Nihal remained unemployed beyond the hearing to the date of his retirement, roughly a further 15 months. In total, Nihal received 3 years as of the final hearing, with a possible further 15 months, plus his legal expenses.
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