By Stephen Dugandzic
Cumberland v Maritime College of Forest Technology, 2023 NBKB 065 is a notable wrongful dismissal case from New Brunswick that underscores the importance of progressive discipline in employment law.
Background
Rod Cumberland, a wildlife biologist and academic instructor, was employed by the Maritime College of Forest Technology (MCFT) from 2012 until his dismissal in 2019. His tenure was marked by conflicts with students, colleagues, and supervisors, particularly after being passed over for a promotion in 2018. Tensions escalated due to his strict teaching methods and outspoken views on herbicide use in forestry, leading to allegations of insubordination and harassment.
Trial Decision
Chief Justice Tracey DeWare of the New Brunswick Court of King’s Bench ruled that while Cumberland’s conduct was inappropriate, MCFT failed to provide him with clear warnings or an opportunity to correct his behaviour. As a result, the court found that the college did not establish just cause for dismissal. Cumberland was awarded seven months’ pay in lieu of notice, totaling $48,645, plus $6,700 in legal costs.
Appeal
Cumberland appealed the decision, seeking increased notice and additional damages, including $100,000 each in moral and punitive damages. The New Brunswick Court of Appeal upheld the trial court’s decision, stating that while the trial judge’s method for calculating notice was flawed, the seven-month notice period was reasonable. The appellate court also agreed that the college’s conduct did not warrant aggravated or punitive damages, noting that the employer’s failure was due to poor management rather than malicious intent.
Key Takeaways
• Employers must provide clear warnings and an opportunity for employees to correct misconduct before proceeding with termination for cause.
• Failure to follow progressive discipline can result in a finding of wrongful dismissal, even if the employee’s behaviour is problematic.
• Claims for moral and punitive damages require evidence of bad faith or egregious conduct by the employer; mere poor management is insufficient.
• Appellate courts will defer to trial courts’ findings unless there is a clear error in law or principle.
This case serves as a cautionary tale for employers on the importance of adhering to proper disciplinary procedures and documentation when addressing employee misconduct.
*Always seek legal advice. The above is for information purposes only.
Stephen Dugandzic received his Juris Doctor degree from the University of Alberta in 2013 and is Calgary-based. He previously practised with Bennett Jones LLP and Taylor Janis LLP before founding YYC Employment Law Group in 2018.