Case # 35422
David M. Potter v. New Brunswick Legal Aid Services Commission, a statutory body corporate pursuant to a special act of the Province of New Brunswick (May 12, 2014)
In 2006, the appellant was appointed as the executive director of the New Brunswick Legal Aid Services Commission. The appellant was appointed for a seven-year term. A few years into the appellant’s term, relations with the commission’s board of directors deteriorated. There were discussions about finding a mutually acceptable method of bringing his contract to an end. In january 2010, while on sick leave, the appellant was advised that he was not to return to work. The appellant was notified that his salary would continue to be paid in the meantime. The commission had sent a letter to the minister of justice recommending that the appellant’s appointment be revoked. In march 2010, the appellant filed an action against the commission, claiming constructive dismissal. The commission then terminated the appellant’s pay and benefits. The commission claimed that by claiming constructive dismissal, the appellant had effectively resigned his position.