Boss `malicious' after diagnosis
A 35-year-old Brampton mother of three was dismissed from her job after she was diagnosed with breast cancer, a judge has ruled.
Deborah Fedorowicz, now 41, considers the ruling "a victory" for all cancer survivors.
"I feel so proud," Fedorowicz said this week, holding back tears. "If this can help anybody down the road diagnosed with cancer and wronged by an employer, then they'll have my case law to refer to."
Justice John Sproat of the Superior Court of Justice in Brampton ruled Fedorowicz should be awarded $100,766 from her former employer.
It's been more than five years of being in and out of courtrooms since the case began, which Fedorowicz called "mentally and physically exhausting ... defending my reputation."
Fedorowicz, a former bookkeeper for Pace Marathon Motor Lines, a Brampton transport company, filed a civil suit against the company and George Mallouk, a once good friend and her employer of eight years, for wrongful dismissal on Sept. 1, 2000.
She was nursing her third child and working from home on maternity leave when diagnosed with breast cancer.
"He (Mallouk) was very supportive and then he just turned on me when I was diagnosed," Fedorowicz told the Star.
`I'm hoping it will give others inspiration. Cancer is such an ugly disease.'
Deborah Fedorowicz, cancer survivor
Then Mallouk went to police alleging she'd been stealing from the company. Fraud charges were laid against Fedorowicz in May 2001 but were withdrawn almost two years later.
She then sued him for malicious prosecution. Mallouk and Pace filed a counterclaim, but it was dismissed.
In his ruling Jan. 31, the judge concluded Mallouk "acted with malice" and that $35,000 of the total amount was to be awarded to Fedorowicz for "malicious prosecution."
Sproat concluded Mallouk's company put Fedorowicz's "reputation for integrity, essential for a bookkeeper, under a cloud."
Fedorowicz and her husband, Ron, 40, have tried to make the best of a difficult situation. Fedorowicz designed a pearl and silver bracelet with Swarovski crystals and a pink-rhinestone ribbon motif to celebrate her five-year cancer survival last year. And her husband decided to market it under his company called Stardust Jewellery.
"I'm hoping it will give others inspiration. Cancer is such an ugly disease," Fedorowicz said. "It's like saying, `Look at me. I'm fighting this.'"
The Stardust Bracelet of Inspiration, which retails for $50 (plus tax and shipping), is sold at hospitals across Ontario; $10 of that is donated to the Canadian Breast Cancer Foundation.
Fedorowicz's employer has appealed the decision, so Fedorowicz said she won't get to see any of the money yet. Last month, Fedorowicz's lawyer Mark Klaiman filed submissions for further pre-judgment costs and interest.
The judge also wrote that during the trial he was "troubled by the fact that both parties acknowledged various tax evasions." He directed a copy of his reasons be sent to the Canada Revenue Agency.
Deborah Fedorowicz, now 41, considers the ruling "a victory" for all cancer survivors.
"I feel so proud," Fedorowicz said this week, holding back tears. "If this can help anybody down the road diagnosed with cancer and wronged by an employer, then they'll have my case law to refer to."
Justice John Sproat of the Superior Court of Justice in Brampton ruled Fedorowicz should be awarded $100,766 from her former employer.
It's been more than five years of being in and out of courtrooms since the case began, which Fedorowicz called "mentally and physically exhausting ... defending my reputation."
Fedorowicz, a former bookkeeper for Pace Marathon Motor Lines, a Brampton transport company, filed a civil suit against the company and George Mallouk, a once good friend and her employer of eight years, for wrongful dismissal on Sept. 1, 2000.
She was nursing her third child and working from home on maternity leave when diagnosed with breast cancer.
"He (Mallouk) was very supportive and then he just turned on me when I was diagnosed," Fedorowicz told the Star.
`I'm hoping it will give others inspiration. Cancer is such an ugly disease.'
Deborah Fedorowicz, cancer survivor
Then Mallouk went to police alleging she'd been stealing from the company. Fraud charges were laid against Fedorowicz in May 2001 but were withdrawn almost two years later.
She then sued him for malicious prosecution. Mallouk and Pace filed a counterclaim, but it was dismissed.
In his ruling Jan. 31, the judge concluded Mallouk "acted with malice" and that $35,000 of the total amount was to be awarded to Fedorowicz for "malicious prosecution."
Sproat concluded Mallouk's company put Fedorowicz's "reputation for integrity, essential for a bookkeeper, under a cloud."
Fedorowicz and her husband, Ron, 40, have tried to make the best of a difficult situation. Fedorowicz designed a pearl and silver bracelet with Swarovski crystals and a pink-rhinestone ribbon motif to celebrate her five-year cancer survival last year. And her husband decided to market it under his company called Stardust Jewellery.
"I'm hoping it will give others inspiration. Cancer is such an ugly disease," Fedorowicz said. "It's like saying, `Look at me. I'm fighting this.'"
The Stardust Bracelet of Inspiration, which retails for $50 (plus tax and shipping), is sold at hospitals across Ontario; $10 of that is donated to the Canadian Breast Cancer Foundation.
Fedorowicz's employer has appealed the decision, so Fedorowicz said she won't get to see any of the money yet. Last month, Fedorowicz's lawyer Mark Klaiman filed submissions for further pre-judgment costs and interest.
The judge also wrote that during the trial he was "troubled by the fact that both parties acknowledged various tax evasions." He directed a copy of his reasons be sent to the Canada Revenue Agency.
<< Home