May 12 2014

Power Law appears before the Supreme Court of Canada in key employment law case from New-Brunswick

May 12 2014,

Perri Ravon from POWER LAW appeared before the Supreme Court of Canada on Monday as co-counsel for the Appellant, the former Executive Director of the New Brunswick Legal Aid Services Commission, in Potter v New Brunswick Legal Aid Services Commission (Court File number: 35422). The Appellant, who had been appointed for a seven-year term by the Lieutenant-Governor in Council in December of 2005, was suspended with pay indefinitely from all of the duties of his public office in January of 2010. The Appellant asked the Supreme Court to conclude that an indefinite administrative suspension, which the employer intends will end with the termination of the employment relationship, constitutes constructive dismissal. The Appellant also maintained that, as a matter of principle and policy, it cannot be the case that an employee necessarily resigns by bringing an action for constructive dismissal.