The award of 24 months’ notice in Veer v. Dover Corporation (Canada) Ltd., reported in the April 1998 issue of FOCUS (see “Overreaction to single act of insubordination costs employer 24 months’ notice” on our Publications page), has been upheld by the Ontario Court of Appeal in a decision issued May 19, 1999. The trial judge had acknowledged that Veer had committed an act of insubordination, but held that it was not cause for dismissal.
At trial, the employer had argued that Veer had engaged in a pattern of misconduct leading up to the incident of insubordination, and that the incident revealed a character flaw that justified his termination. The trial judge had rejected these arguments on the facts, and the Court of Appeal held that there was ample evidence to support the judge’s conclusions.
For further information, please contact Colleen Dunlop at (613) 563-7660, Extension 222.