Executive Summary: Key Legal and Evidentiary Issues

• Wrongful dismissal claim centered on whether summary termination was justified or if progressive discipline was required.

• Multiple harassment and bullying complaints against the plaintiff triggered an independent investigation by the university.

• Investigation found some, but not all, allegations substantiated, focusing on aggressive language and conduct.

• The university argued that the plaintiff’s conduct created a poisoned work environment incompatible with continued employment.

• The plaintiff contended that he was receptive to feedback and that termination was disproportionate.

• The court determined the employer failed to provide progressive discipline and awarded damages for the balance of the fixed-term contract.

Facts and outcome of the case

Background and facts

Richard Schick was hired as the head coach of the University of New Brunswick’s women’s volleyball team on a three-year fixed-term contract beginning in May 2021. During his tenure, concerns arose regarding his coaching style, which some players and a team therapist described as overly aggressive and involving bullying and harassment. In May 2023, six complaints were filed with the university’s Human Rights & Positive Environment Office. Mr. Schick was placed on paid leave while the university retained an independent investigator to examine the complaints.

The investigation, conducted by Dr. Kelly Van Buskirk, found that some of the allegations were substantiated, particularly those involving aggressive language and conduct, while others were not. The report noted that Mr. Schick had shown some insight into his behavior and had made efforts to improve. The university ultimately decided to terminate Mr. Schick’s employment before the end of his contract, citing violations of its harassment policy.

Legal issues and analysis

The central legal issue was whether the university had just cause for summary dismissal or whether it was required to apply progressive discipline before terminating Mr. Schick’s employment. The university argued that the severity of the plaintiff’s conduct justified immediate termination, while Mr. Schick maintained that he was open to feedback and that the university’s response was excessive.

The court examined the evidence, including affidavits from players, the team therapist, and the findings of the independent investigation. While the court acknowledged that some of the plaintiff’s conduct violated the university’s policy, it also found that not all complaints were substantiated and that Mr. Schick had demonstrated a willingness to address concerns. The court concluded that the circumstances did not warrant summary dismissal and that progressive discipline should have been applied.

Outcome and awards

The court ruled in favor of Richard Schick, finding that he was entitled to damages equal to the balance of his fixed-term contract. The court awarded him $50,920.98 in damages, which included unpaid salary, loss of pension plan contributions, and loss of CPP contributions. Additional claims for moving expenses, aggravated damages, group benefits, and vacation entitlement were denied. The court also awarded costs of $3,500 plus HST and disbursements, and ordered interest at 5% annually from the date the claim was filed until payment. The University of New Brunswick was ordered to pay these amounts to Mr. Schick.