The case is an edifying checklist of what not to do when terminating employees and what consequences follow when rules are ignored. Read on.
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In his final year of employment, a new general manager came in as his direct supervisor, who did not believe Chu’s role was important or necessary. A termination for just cause nominally disentitles an employee from either severance, or even employment insurance. For those reasons, termination for just cause is not a decision employers should take lightly, as this column has written at length about before.CSA’s questionable legal footing in ending Paul’s employment was exacerbated by the steps it took next.
Most curiously, CSA decided to drop legal counsel and have two legally untrained officers at the airline represent it. To repeat, this company with a market cap of over $25 billion, owned by a government, elected to conduct a legally complex lawsuit in the British Columbia Supreme Court without legally trained representatives.
Where actions of an employer inflame injuries and inflate damages already owing, a court may award “aggravated damages,” as it did here, in the sum of $50,000. This could all then be garnished with an order to pay Chu’s legal fees for an unnecessarily prolonged legal proceeding.
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