TORONTO, Oct. 5, 2015 /CNW/ - Koskie Minsky LLP today filed materials to seek leave from the Supreme Court of Canada ("SCC") to appeal the Nunavut Court of Appeal's ("NUCA") decision in a case that could impact employees across Canada. This leave application, if successful, will allow the SCC its first opportunity to consider whether an employee who raises concerns about her conditions of employment can be said to have effectively resigned.
Former employee Sarah Kucera is seeking permission to challenge the decision of the NUCA who sided with her employer (Qulliq Energy Corporation), ruling that by sending a solicitor's letter alleging constructive dismissal, Kucera in fact resigned. A third judge dissented.
The lengthy litigation process has had a devastating effect on Ms. Kucera's life. Her motivation in challenging the NUCA decision is to prevent other Qulliq Energy Corporation ("Qulliq") employees from facing the same unfairness she has experienced.
Another former Qulliq employee, Amy Hynes, successfully sued the Nunavut energy corporation in similar circumstances in 2013. The trial of a third employee, Chris Cousins, began on September 28 in Iqaluit.
SOURCE Koskie Minsky LLP
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