In 1991, Cindy Choung became British Columbia’s first accredited Chinese language court interpreter. Interpreters are called by court services (a branch of the government) when needed and selected from a list in rotation. They are paid an hourly rate, plus expenses. All travel arrangements are made by and paid for by court services. There is no guarantee of a minimum amount of work, and no prohibition against working for other agencies. Court services make no deduction for income tax, employment insurance, or pension plans. A code of professional conduct implemented by court services governs how interpreters are to translate and to dress in court. It also sets out rules of confidentiality and prohibits interpreters from assigning their work to another interpreter.
In 1994 the court services’ executive director received complaints about Cindy’s work and decided to remove her name from the list of interpreters. Cindy is considering bringing an action for wrongful dismissal. Is she entitled to bring such an action? What needs to be proved? Explain.