The Court in this case held that s. 17.91 of the New Brunswick Police Act, (the "Act") which states a police officer shall not be dismissed for “unsatisfactory work performance”, except in accordance with the provisions of the Act, should be broadly interpreted to include cases of involving the common law doctrine of frustration as well as “impossibility of performance.”
Justice Robertson found that the legislature made a conscious decision to alter the Act in 2005 in order to ensure that terminations for cause that do not relate to misconduct are dealt with by the legislation and not by common law. Justice Robertson therefore reasoned that the way in which complaints are originally characterized - whether or not they are stated as being related to misconduct - is not dispositive in determining whether it falls within the provision. Additionally, the powers of the arbitrator appointed under the Act are broad enough to deal with the issues of frustration of an employment contract.
September 22, 2011
Link to Decision
Sierra Robart
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