A recent New Brunswick Court of Appeal
decision underlined the significance of alleging
cause at the time of the termination,
not after.
Facts
The plaintiff employee had been employed by the defendant
employer, RTO Asset Management (“RTO”) for nearly
thirty (30) years, most recently as a Regional
Manager. The trouble began in May 2017, when RTO was made
aware that the plaintiff and a direct report were involved in a
romantic/sexual affair. The direct report had been hired by the
plaintiff in January 2016 and subsequently, promoted by him to the
position of Store Manager, shortly thereafter.
Upon further investigation by RTO, a troubling set of facts
regarding the plaintiff's misconduct came to light,
including:
