Unjust dismissal of unmanageable employee

Restructuring of a division of the bank held to be a veiled attempt to terminate employee
|Canadian Employment Law Today

Nihal Mathur was a problem employee for the Bank of Nova Scotia. In 1992 the bank terminated Mr. Mathur’s employment alleging “an inability to interact with supervisors, peers and subordinates in a manner acceptable to the bank or at all.” As a result of his termination Mr. Mathur filed a complaint under the Canada Labour Code claiming unjust dismissal.

The matter was heard before an adjudicator. In her decision of Dec. 23, 1993, the adjudicator upheld Mr. Mathur’s complaint and reinstated him to his former position with compensation. The adjudicator held that the bank had failed to follow its own specific procedures for progressive discipline.

From the date of Mr. Mathur’s reinstatement onward, there was ongoing conflict between Mr. Mathur and his supervisors for the next five years. Eventually Mr. Mathur was characterized by the bank as a “virtually unmanageable” employee.