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Former Folk on the Rocks executive director loses legal fight against ex-employer

A Supreme Court justice has tossed an appeal from David Whitelock, a one-time Folk on the Rocks executive director who claimed he was owed an outstanding bonus from his former employer.

In January 2016, David Whitelock SA国际影视传媒 executive director of the music festival from March 2014 until his termination in December 2016 SA国际影视传媒 filed a complaint with the Employment Standards Office, claiming he was owed unpaid wages, holiday pay and an outstanding bonus as a result of his termination.

Court documents show WhitelockSA国际影视传媒檚 contract entitled him to a bonus equal to 20 percent of any general purpose cash income SA国际影视传媒 funds not attached to any festival-run programs or activities SA国际影视传媒 for the fiscal year ending Aug. 31, 2013.

An Employment Standards Officer ruled Whitelock was not entitled to the bonus he sought, because it was stipulated as being conditional in the contract. The bonus hinged on how much excess cash income was available. But with the festival running a deficit of $115,000 in 2013, the officer concluded there was no excess cash and therefore no bonus.

Whitelock appealed that decision , but an adjudicator again sided with his former employer, ruling he wasnSA国际影视传媒檛 owed the bonus because SA国际影视传媒渢here was no money left over that could be used at the discretion of Folk on the Rocks.SA国际影视传媒

Whitelock then took the courtroom tug-of-war to NWT Supreme Court in May 2017 to appeal the adjudicatorSA国际影视传媒檚 decision.

In a recent written decision from Justice Shannon Smallwood, the justice stated, SA国际影视传媒渢he issue on appeal is not an extricable question of law and involves a question of mixed law and fact,SA国际影视传媒 meaning the appeal was dismissed as the court could not go forward with it.

Supreme Courts often only address questions of law, with questions of fact being dealt with by the lower courts.





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