- Parties: The appellant was Christine Amer. The respondent was Shaw Communications Canada Inc.

- Subject Matter: The respondent employer dismissed the appellant from her employment. A labour adjudicator found her dismissal unjust and ordered the respondent to pay the appellant damages consisting of lost salary and benefits for the period until the appellant commenced work elsewhere and severance pay under the Canada Labour Code, 1985. The adjudicator also awarded interest and granted the appellant her costs on a full indemnity basis. The Federal Court set aside the adjudicator’s award.

- Ruling: The appeal court ruled in the appellant’s favour, set aside the Federal Court’s judgment with costs, and reinstated the adjudicator’s award. The appeal court disagreed with the Federal Court’s findings, including its finding that the adjudicator breached the respondent’s procedural fairness rights in determining that sales-related duties were not part of the appellant’s core functions and in concluding that the respondent’s statistical evidence on the number of calls during which the appellant underperformed was not enough to establish cause. The appeal court also disagreed with the Federal Court’s finding that the adjudicator’s conclusion regarding the nature of the appellant’s duties was unreasonable.

- Date: The hearing was set on May 8, 2023. The court released its decision on Dec. 5, 2023.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.