What are the implications of a notice of appeal for wrongful dismissal in the fishing industry?

New Brunswick, Canada


The following excerpt is from Jean v. Pêcheries Roger L. Ltée, 2010 NBCA 10 (CanLII):

It is common knowledge that most workers in the Province’s fishing industry are seasonally employed and their financial well-being depends not only on the wages they earn but also on the employment insurance benefits collected following the yearly interruption of their services. Not surprisingly, that state of affairs informs the debate when one of those workers relies upon the principle by which, in the absence of just cause, a person employed for an indefinite term is entitled either to reasonable notice of termination or compensation in lieu. As is well known, a breach of this right may result in an award of compensation, the quantum of which stands to be determined in accordance with the rule in Hadley v. Baxendale (1854), 9 Ex. 341, 156 E.R. 145. Typically, interest on any such award would be added from the date of loss. In the case at bar, the parties have thoroughly debated all issues raised in the notice of appeal, including two issues of general importance for the application of the law pertaining to compensation for wrongful dismissal: (1) can an award of damages include employment insurance benefits lost as a result of the employee’s inability to find suitable alternative employment during the notice period provided by the employer and, if so, what are the applicable criteria?; and (2) what are the defining principles for an award of interest on those damages?

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