Essaï c. Banque Toronto Dominion
Yassine Essai
Law Firm / Organization
Unrepresented
Banque Toronto Dominion
Law Firm / Organization
Fasken Martineau DuMoulin LLP

- Parties: The applicant was Yassine Essaï. The respondent was the Banque Toronto Dominion.

- Subject Matter: The applicant worked as a customer service agent for the defendant employer from September 2012 to June 2020. Upon being dismissed, the applicant brought an unjust dismissal case with the Canada Industrial Relations Board under s. 241(3) of the Canada Labour Code, 1985. The applicant alleged that the defendant breached an essential condition of the employment contract when it failed to implement the necessary measures to ensure a healthy workplace free from harassment, discrimination, or violence. The Board dismissed the applicant's complaint and held that there had been no unjust dismissal and that the applicant had instead voluntarily resigned from his position.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the judicial review application without costs as the respondent no longer claimed them. The appeal court decided that the Board’s decision had the attributes of reasonableness since it correctly identified the two-part legal test applicable to unjust dismissal cases under the Code, carefully reviewed the evidence presented before it, considered the applicant's arguments, and drew the conclusions that it believed were necessary in light of the facts adduced in evidence and the law applicable to them.

- Date: The hearing was set on Apr. 10, 2024. The court released its decision on Apr. 10, 2024.

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

- Amount: No financial award was specified.

Federal Court of Appeal
A-271-22
Employment law
$ 0
Respondent
16 December 2022