There was a rumour previously that he could be on the way out.
Don Cherry was notoriously loud, outspoken and colourful, both in what he said and in what he wore. He was a permanent fixture in the Canadian hockey scene.
That came to an end this past Monday, Remembrance Day 2019.
After making a comment about immigrants not wearing poppies, Don Cherry is suddenly out of a job.
He had co-hosted CBC91裸聊视频檚 Saturday night Coach91裸聊视频檚 Corner since 1982.
The exact comment was 91裸聊视频淵ou people that come here91裸聊视频� you love our way of life, you love our milk and honey, at least you can pay a couple bucks for a poppy or something like that91裸聊视频�.91裸聊视频� His co-host Ron MacLean nodded.
The Canadian Broadcast Standards Council, an industry funded organization established by Canada91裸聊视频檚 private broadcasters, stated that its systems were overloaded with complaints following Mr. Cherry91裸聊视频檚 comments.
Sportsnet apologized for the comment, stating that his comments were discriminatory and offensive, and that they 91裸聊视频渄o not represent our values and what we stand for as a network.91裸聊视频�
Ron MacLean also apologized for not challenging Mr. Cherry91裸聊视频檚 91裸聊视频渉urtful and prejudiced91裸聊视频� remarks.
The NHL released a statement that 91裸聊视频渢he comments made last night were offensive and contrary to the values we believe in.91裸聊视频�
Then, Sportsnet announced that it was 91裸聊视频渢he right time91裸聊视频� for him to 91裸聊视频漣mmediately step down.91裸聊视频�
Mr. Cherry said 91裸聊视频淚 would have liked to continue doing Coach91裸聊视频檚 Corner. The problem is if I have to watch everything I say, it isn91裸聊视频檛 Coach91裸聊视频檚 Corner. To keep my job, I cannot be turned into a tamed robot.91裸聊视频�
Does Mr. Cherry have a case for wrongful dismissal?
Those in senior positions and public figures can be held to a higher standard, because they are often considered to represent the employer and its values.
The employer has the onus of establishing just cause.
In Mr. Cherry91裸聊视频檚 case, he was well known for his politically incorrect views. His flamboyant style and strong views presumably helped ratings. Mr. Cherry had made offensive remarks numerous times in the past and yet remained employed.
In circumstances such as this, unless there was some very strong performance management ongoing behind the scenes, the employer will likely be seen to have condoned his behaviour.
Just cause for dismissal can not generally be based on conduct that has been condoned by the employer.
Another potential problem for Sportsnet is Mr. Cherry91裸聊视频檚 age. He is now in his 80s. If age was a factor in his dismissal, he could also make a human rights complaint.
If the employer is not able to establish just cause for his dismissal, and assuming he does not have a valid employment agreement stating otherwise, Mr. Cherry may well be entitled to a substantial severance payment.
The content of this article is intended to provide very general thoughts and general information, not to provide legal advice. Specialist advice from a qualified legal professional should be sought about your specific circumstances.
If you would like to reach us, we may be reached through our website, at www.inspirelaw.ca.
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