Major Victory for UCCO-SACC-CSN in Federal Court of Appeal (FCA). FCA confirms biggest award for aggravated & punitive damages ($ 310,000) in the Federal Public Sector
CSC appealed a November 2022 adjudication decision and UCCO-SACC-CSN fought back. On February 6, 2024, the FCA confirmed the adjudication decision.
CSC was found liable for psychological harm caused to a Correctional Officer by its conduct during the disciplinary process, adjudication, and post-hearing. The adjudicator ordered the employer to pay $135,000 for the psychological harm.
The adjudicator also found that the facts in this case were so shocking, the employer’s conduct was so brazen that it deserves an award of $75,000 for denial of natural justice as well as an award of $100,000 for obstruction of justice.
In previous adjudication cases, the awards for punitive damages were limited to $20,000 to $50,000. In other words, UCCO-SACC-CSN has just set a new standard.
In a two-page decision, the Federal Court of Appeal unanimously dismissed the employer’s appeal. It found the employer’s arguments unpersuasive as the adjudicator’s decision was detailed, thorough, justified, transparent and intelligible.