The case is an edifying checklist of what not to do when terminating employees and what consequences follow when rules are ignored. Read on.
The story of how CSA became embroiled in and navigated the Canadian legal system in Chu vs. China Southern Airlines, a decision of the B.C. Supreme Court on Jan. 5, 2023, is an edifying checklist of what not to do when terminating employees in Canada and what consequences follow when rules are ignored.
The end result was that he was terminated for just cause, in February of 2019, for allegedly failing to perform his duties and engaging in “time theft.” The result of its refusing to produce documents and witnesses was that the court concluded that CSA had no evidence to support its position. After three years of delay and noncompliance, Chu was entitled to push the matter forward to summary trial, allowing CSA to only rely on the evidence already on the record to support its position. In effect, CSA’s refusal to comply with the court’s orders resulted in its handicapping its ability to defend its case.
Recall the scandalous and public allegations made by CSA which were subsequently withdrawn. CSA’s conduct both before, during and after Paul’s termination was enough to suggest that it caused unnecessary mental distress. Here, the court concluded the airline’s actions and conduct throughout the proceeding were “harsh, vindictive, reprehensible and malicious.” The result? An additional award of $100,000 in punitive damages.Article content
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