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ARTICLE · 29 MAY 2020

Canada Labour Code Adjudicator Awards Costs In Unjust Dismissal Case

Devry Smith Frank LLP
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In P.D. and The Bank of Nova Scotia, Re, 2020 CarswellNat 640, Adjudicator Kaufman considered the issue of whether the Canada Labour Code (the "Code") authorized adjudicators to award costs in unjust dismissal cases.

CanadaEmployment and HR
Marty Rabinovitch
Marty Rabinovitch
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In P.D. and The Bank of Nova Scotia, Re, 2020 CarswellNat 640, Adjudicator Kaufman considered the issue of whether the Canada Labour Code (the "Code") authorized adjudicators to award costs in unjust dismissal cases.

The complainant P.D. worked as a customer service representative at the Bank of Nova Scotia (the "employer"). She was dismissed due to allegations that she misappropriated $1,000.00 of the Bank's funds and attempted to cover up the theft while serving customer Mr. X.

Counsel for the employer argued that there were no grounds under the Code for a costs award in an unjust dismissal claim, citing Canadian Human Rights Commission and Mowat v. Canada (Attorney General), 2011 S.C.C. 53 (CanLII) ("Mowat"). Employer's counsel argued since "costs" is a legal term of art, if Parliament intended to confer the authority to award costs then it would have been explicitly stated in the legislation.

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