Rod Cumberland loses bid for more money after firing by forestry college
Appeal judge finds no major problems with trial decision that rejected claim of wrongful dismissal
Biologist Rod Cumberland, a former instructor at the Maritime College of Forest Technology in Fredericton, has failed in his bid to get more money from the college after losing a lawsuit that claimed he was wrongfully dismissed.
The Court of King's Bench chief justice had already rejected Rod Cumberland's wrongful dismissal arguments, which were heard in court after he was fired for cause in 2019.
But Justice Tracey DeWare also said in her decision in that case that the college handled the firing poorly, and she awarded Cumberland more that $55,00 in severance and legal costs.
Cumberland filed an appeal for a higher award, and in a written decision issued Thursday, Justice Bradley Green of the New Brunswick Court of Appeal rejected it.
Green said he found no error in the decision from the first case that would warrant intervention by the Appeal Court.
"An appeal is not an open invitation for an unsuccessful party to relitigate his or her claim," Green wrote in his introductory remarks.
"This appeal bears the hallmarks of such an approach."
Cumberland was fired after working at the college for seven years. Previously, he worked for 22 years as a wildlife biologist for the provincial government.
He sued the college, believing he'd been ousted for speaking out against herbicide spraying in forestry.
DeWare determined after a trial in 2023 that this was not the case.
She said he'd been fired because of his attitude and behaviour but that since he had not been given warnings that his job was at stake, he was entitled to compensation for a reasonable notice period of seven months, which worked out to more than $50,000.
Cumberland appealed for $230,000 more, arguing the notice period should have been longer and he should be compensated for moral, aggravated and punitive damages.
Green agreed with the trial judge that Cumberland became a destructive force within the college following the appointment of Tim Marshall as executive director.
He also agreed Cumberland's interactions with several students and colleagues were inappropriate but that his supervisors failed in their obligation to inform him he would be fired if didn't curb his behaviour.
He accepted the appeal argument that the trial judge erred in principle by setting compensation at one month per year of service, but said she still arrived at a reasonable figure.
"The decision was thorough and comprehensive, and the trial judge clearly had a firm grasp of the issues, arguments, and evidence before her," wrote Green.
"Damage awards of the type sought by Mr. Cumberland are rare and, in my opinion, require behaviour on the part of the employer far more egregious than anything the College did in this case."
Green also ordered Cumberland to pay $2,500 to cover the college's legal costs.
And, determining the reasoning behind his termination is simple arithmetic.
Reply to Don Corey
Reply to Don Corey
Reply to Don Corey
FYI I have dared Cumberland's lawyer to sue me many times
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