David Harris - Canadian Employment Law

McCaw vs. United Church of Canada

 Reverend McCaw was a minister in the North Bay Presbytery of the United Church. He was removed from the Church due to a difference in his religious philosophy.

 The Church failed at abide by its manual of process. It had attempted to place Rev. McCaw on the “discontinued service list” which effectively removed from him the right to be a minister in the United Church.

Rev. McCaw himself went through years of internal grievances through the Church’s own “court” process, all unsuccessfully.

 He sued civilly. At trial he was not successful in gaining reinstatement, although he was successful in obtaining a damage award as an employee, for wrongful dismissal.

On appeal, he was reinstated back to the Church and was awarded his back pay of 10 years. He elected not to return to the Church.