Appeal court hears fired forestry prof’s case
Rod Cumberland’s lawyer argues trial judge should have found bad faith by forestry college in plot to turf instructor, but employer’s legal counsel points to his “untenable” attitude
Appeal counsel for an instructor fired in 2019 from a Fredericton forestry school argued Tuesday a judge erred in her assessment of damages and in disregarding bad faith by the employer.
But the lawyer for the college pointed out the controversial teacher appears to have abandoned his conspiratorial allegation on why he was terminated: his opposition to the use of glyphosate in New Brunswick forests.
Rod Cumberland, a former instructor with the Maritime College of Forest Technology in Fredericton, was fired in June 2019, and the college cited disruptive, disrespectful and abusive behaviour toward students, colleagues and managers as just cause for the dismissal.
He filed a lawsuit alleging wrongful dismissal, but after a trial, Court of King’s Bench Chief Justice Tracey DeWare ruled last spring that the school was justified in firing him.
She said the college had proven Cumberland’s poor treatment of students and colleagues, and insubordinate attitude toward managers, made his presence at the institution untenable.
However, the judge also pointed out the college went about the dismissal inappropriately, failing to give him sufficient warning about his negative behaviours and how his conduct was placing his job at risk.
As a result, DeWare awarded Cumberland severance in lieu of a seven-month notice period - one month for every year he worked at the college - which amounted to $48,644.57, plus another $6,700 for costs.
But despite that successful aspect of his lawsuit, Cumberland filed a notice of appeal of DeWare’s decision, and the matter was before a panel of three justices of the New Brunswick Court of Appeal on Tuesday.