She signed to resign, then fought in court to undo it
A long-serving educational assistant who agreed to resign rather than be fired could not later undo the deal she signed, the Court of Appeal of New Brunswick ruled on May 28, 2026, with Justice Quigg finding that the release in her resignation agreement was valid and barred her claim.
Terrilee Jill Black, the appellant in Black v. Canadian Union of Public Employees, CUPE Local 2745, had spent more than 20 years as an educational assistant with the Anglophone East School District, where CUPE Local 2745 served as her bargaining agent. Over the years, complaints were made about Black’s conduct.
According to the decision, matters came to a head on May 4, 2021. Following a founded harassment complaint, which was not the first, the District called a meeting to discuss whether to terminate her. Black said she would rather resign than be fired.
CUPE's president walked her through her options, either challenging a termination through the grievance process or negotiating a resignation. The court found those choices were discussed several times between May 4 and May 18, with the union negotiating terms that covered her retirement allowance, pension, and access to Employment Insurance and Canada Pension Plan benefits.
On May 18, 2021, Black signed the agreement that ended her employment, letting her keep her retirement allowance and pension. Before signing, she asked that it state her...
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