The Court of King’s Bench of New Brunswick has ruled the University of New Brunswick (UNB) wrongfully dismissed the head coach of its women’s volleyball team and must pay him more than $50,000 in damages, plus costs and interest.
The court determined that while the coach violated the school’s harassment policy, UNB failed to impose progressive discipline before terminating him for cause in October 2023. The employee, who had signed a three-year fixed-term contract in 2021, was awarded compensation equal to the remainder of his contract.
Complaints and investigation
Concerns about the coach’s behaviour surfaced during his first season. Athlete evaluations described his communication as a “one-size fits all approach,” with some players saying his style negatively affected their performance.
In May 2023, five players and the team’s therapist filed formal complaints with UNB’s Human Rights and Positive Environment Office, alleging bullying, harassment, and verbal abuse. The university placed the coach on paid leave and hired an independent investigator to review the allegations.
The investigation examined 30 incidents and found nine to be substantiated, including excessive profanity, aggressive behaviour during practices and games, slamming a ball to the floor while shouting, and sending a player to a corner of the gym as a “timeout.” The investigator concluded these actions violated UNB’s harassment policy, though also noted the coach had acknowledged his conduct, apologized at times, and made efforts to adjust his style.
The report also observed that no formal complaints were made until after several veteran players were told they would have to try out again for the upcoming season.
University decision
Following the report, UNB’s vice-provost for learning and student experience decided to terminate the coach. In her affidavit, she said: “After consideration of the Report, and my discussion with both the Plaintiff and the complainants, I accepted the finding contained in the Report that the Plaintiff violated the Policy, and that his continued employment with UNB was no longer possible.”
UNB argued in court that the findings showed serious misconduct, which created a poisoned environment for players and made progressive discipline inappropriate. It said dismissal was the only option to protect athletes.
Court’s analysis
The court accepted the findings of harassment but found UNB’s response disproportionate. It ruled the conduct did not meet the standard for summary dismissal. Instead, the university should have used progressive discipline measures, such as warnings or suspension, before ending the contract.
“All harassment complaints must be taken seriously. UNB has properly done so. But not all violations of an institution’s harassment policy require termination,” the decision stated.
The court concluded the coach was entitled to the balance of his contract, amounting to $43,910.05 in salary, $5,269.16 in lost pension contributions, and $1,741.77 in Canada Pension Plan contributions. Claims for moving expenses, aggravated damages, and loss of benefits were denied.
The total award came to $50,920.98, with interest to be calculated at five per cent annually from the date of the claim until payment, plus $3,500 in costs and disbursements.
For more information, see Schick v University of New Brunswick, 2025 NBKB 207 (CanLII).
