Court Denies Injunction Seeking Reinstatement of Dismissed Field Hockey Coach

A dismissed field hockey coach recentlyapplied for an injunction requiring his reinstatement as head coach of the Women’sJunior National (Field Hockey) Team. He claimed that his dismissal was unfairas it resulted in his inability to coach the Team at the World Cup in 2013.

The coach’s employment had beenterminated after concerns arose about his conduct. Field Hockey Canada had receivedcomplaints that he had been “attacking athletes personally, using inappropriatelanguage, encouraging underage drinking and verbally abusing athletes.” Sometime after these complaints arose, thecoach was terminated without cause and with working notice as provided for inhis contract of employment.

The court accepted that there was aserious issue to be tried. However, italso found that, as a general rule, reinstatement of a non-union employee isnot an available remedy at law. Moreover,the coach was unable to establish a specific contractual entitlement to coachthe team at the World Cup. As a result,the harm that he alleged could be compensated by an award of damages should hesucceed at trial. As a result, the coach’sapplication was denied.

The team has been under the supervisionof a new coach since October 2012, and will appear at the World Cup inMönchengladbach, Germany, in July and August 2013.

Milkovichv. Field Hockey Canada

For any questions regarding the information in this article, please contact Paul Fairweather.


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