Law360 Canada (September 28, 2022, 6:07 AM EDT) -- Appeal by Hussey from a Federal Court decision dismissing her application for judicial review of an Adjudicator’s compensation award for unjust dismissal after her seven years of service, and from the $68,000 costs award on a partial indemnity basis. Cross-appeal by the employer from the costs award. The Adjudicator assessed Hussey’s compensation at eight months’ pay, reflecting her years of service, with an additional four months’ pay for the loss of the just cause protection provided by the Code plus two per cent interest on the sum of these amounts. In addition to challenging the decisions on their merits, arguing the Adjudicator erred in using the common law approach to compensation, Hussey alleged a breach of procedural fairness in relation to the Compensation Decision as a result of the Adjudicator’s reluctance to hear her evidence, particularly on the question of remorse....
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