Emma Successfully Defends Wrongful Dismissal Claim
Emma successfully defended a claim for wrongful dismissal and bad faith termination. Emma’s client was the defendant, a person with severe disabilities who employed the claimant as a personal caregiver.
Emma successfully argued that her client had just cause to terminate the claimant’s employment, because the claimant had, on multiple occasions, failed to respond for several hours when her client called during the night for urgent assistance. These breaches had led to adverse health effects for her client. Emma skillfully argued that since highly vulnerable disabled adults are fully dependent on their caregivers, it is a basic duty of the personal caregiver to ensure the safety and wellbeing of the person they are caring for.
The judge agreed that the claimant’s failure to fulfill this basic duty repudiated her contract of employment. Accordingly, she was dismissed for just cause and no warning was needed before termination.
Emma also successfully argued that the termination was in good faith and that her client had communicated the termination as respectfully as possible given her disabilities.
In the result, the claimant’s claims were dismissed in their entirety.
Emma and AMLC’s lawyers contribute hundreds of hours to pro bono work, striving to help promote access to justice. For more information on this case please contact Emma at ecoffin@amlc.ca.