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Shalagin v. Mercer Celgar Limited Partnership

Appellant’s employment as a financial analyst was terminated without cause by respondent company; he sued in the SCBC, the Human Rights Tribunal (“HRT”) and under the Employment Standards Act. Proceedings in the HRT revealed appellant had surreptitiously recorded many conversations with supervisors and others during his ten years of employment. Upon learning of this, respondent amended its pleadings to plead just cause for termination. Trial judge found employer had established just cause. Held: Appeal dismissed. Although appellant tried to assert he had been discriminated against by reason of his national origin, those complaints were not pleaded in the trial court and presumably had been or would be pursued in the HRT. Trial judge had correctly considered the surreptitious recordings in the context of the case as pleaded, and had not erred in applying the law of just cause or failing to consider relevant factors

Roman Shalagin
Law Firm / Organization
Not specified
Lawyer(s)

M. Nied

Mercer Celgar Limited Partnership
Law Firm / Organization
Not specified
Supreme Court of British Columbia
CA48101
Labour & Employment Law
Not specified/Unspecified
Respondent