After University of Winnipeg ‘refocuses leadership,’ lawyer explains how employers can avoid bad faith findings in dismissing leaders
A lawsuit by former University of Winnipeg president and vice-chancellor Todd Mondor against the university is putting a spotlight on what Canadian courts expect of employers when they end a fixed term contract early – and how much damage a poorly handled termination can do.
The statement of claim, filed by Mondor at the Manitoba Court of King’s Bench on Jan. 30, says the manner in which the university handled his termination was “humiliating” and “callous”, and breached the terms of his employment agreement.
According to CBC reporting, the agreement included the ability for the university to terminate Mondor’s employment at any time, with compensation – but Mondor claims he was expecting to be re-appointed and was blindsided by the news.
Bruce Curran, associate professor of labour and employment law at the University of Manitoba, stresses that Canadian law does not guarantee continued employment or a spotless reputation every time a contract ends.
“If your job ends before the contract ends, you may have damages where you’re entitled to the compensation you could have earned for the balance of the term,” he says.
“But the simple fact that your term ends early doesn’t automatically mean that it’s bad faith.”
In bad faith termination cases, courts focus instead on how the termination was carried out;...
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