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KIMBERLY GLASCO FIASCO REACHES ARBITRATION.


TORONTO--Principal dancer Kimberly Glasco is not taking her dismissal from National Ballet of Canada National Ballet of Canada, the leading Canadian ballet company. Based in Toronto, it was founded (1951) by Celia Franca (1921–2007) and modeled on Sadler's Wells (now the Royal Ballet).  sitting down. Since being told by artistic director James Kudelka on December 1 that her contract would not be renewed in June, the ballerina, 38, and her attorneys have waged a public campaign to build support for her reinstatement. Kudelka claims that, as a predominantly classical ballerina, her usefulness to the company is limited; Glasco states that her opposition to Kudelka's policies as a dancers' representative on the board of directors is the real reason for her "wrongful dismissal Wrongful dismissal, also called wrongful termination or wrongful discharge, is an idiom and legal phrase, describing a situation in which an employee's contract of employment has been terminated by the employer in circumstances where the termination breaches one or ."

L'affaire Glasco became a public-relations nightmare for the company when the media, particularly The National Post and The Globe and Mail newspapers, took up her cause. Glasco's new legal team (she fired her first lawyer) has kept the controversy in the headlines through statements issued by the "Bring Back Kimberly Glasco Network," which claims that Glasco was let go "for reasons unrelated to her artistic performances or box-office appeal." (The group, launched on January 25, has opened a Web site at www.kim-glasco.com and claims it has more than 500 members.) A series of "special performances" throughout April and May featuring Glasco have also been scheduled.

The battle has continued to attract media attention with a series of public statements and legal actions. On January 28, after the board backed Kudelka's decision, Glasco, as a board member, called for a special general meeting of the Members of the National Ballet, who have the power to overrule The refusal by a judge to sustain an objection set forth by an attorney during a trial, such as an objection to a particular question posed to a witness. To make void, annul, supersede, or reject through a subsequent decision or action.  board decisions. (Any donor contributing $100 or more is considered a member.) The following day, Glasco filed a lawsuit for libel and slander libel and slander, in law, types of defamation. In common law, written defamation was libel and spoken defamation was slander. Today, however, there are no such clear definitions.  against the company, Kudelka, executive director Valerie Wilder, board chairman Allen Marple, and communications director Julia Drake.

Glasco's team then announced on February 2 that the special general meeting--to seek an independent review/binding arbitration which the board until that point had refused--would be held on April 13. On February 18, the National agreed to binding arbitration, but the following day Glasco issued a statement saying that because the company would not allow the arbitrator to have the right of reinstatement, the process was "meaningless."

Five days later, the National, in a preemptive strike Preemptive strike may refer to:
  • Preemptive strike (see preemptive war), a military attack designed to prevent, or reduce the impact of, an anticipated attack from an enemy
  • Preemptive Strike
, called a membership meeting for March 22, asking for proxies in support of the artistic management and the board. The same day, a letter written by former ballerina Karen Kain Karen Kain, CC (born on March 28, 1951) is a Canadian ballet dancer.

Kain was born in Hamilton, Ontario. Her mother started her in ballet because she believed it would improve her daughter's posture, poise, and discipline.
 was mailed out to all members stressing that it is "the role of the artistic director to decide who will appear with the company." At the same time, the dancers elected Jennifer Fournier, a principal ballerina, to replace Glasco as board representative.

Canadian Actors' Equity Association The Canadian Actors' Equity Association is an association of performers in English Canada who are engaged in live performances in theatre, opera and dance. It negotiates scale agreements and working conditions for its membership. , the dancers' union in Canada, has also entered the fray by calling for an independent review of the Glasco case. CAEA CAEA Canadian Actors' Equity Association
CAEA Colorado Art Education Association
CAEA Cyprus Adult Education Association
CAEA Central Arizona Escrow Association
CAEA Croydon Academy of Eastern Arts (UK) 
 also filed grievances on behalf of all members who have not had their contracts renewed. Equity spokesperson Susan Wallace Susan Arnold Elston Wallace (December 25, 1830 – October 1, 1907) was an American author and poet. Biography
Susan Wallace was born in Crawfordsville, Indiana to Isaac C. and Maria E. Aiken Elston on December 30, 1830.
 told Dance Magazine that she is concerned that dancers (including Glasco) are being dismissed because they have become expensive. She cited a pattern of letting dancers go just before they are eligible for a fifty-two-week contract (in the seventh year).

Glasco's lawyer, Sean Dewart, faxed the media on March 9, accusing the company of practicing "misleading legal maneuvers," which he called a strategy "to wait out Ms. Glasco until her employment ... comes to an official end." Glasco's team then sent out a communique noting that it had instituted injunction proceedings in the Ontario Court over the fairness of the National's March 22 meeting.

Suddenly, the Sturm und Drang Sturm und Drang (shtrm nt dräng) or Storm and Stress,  was over, at least temporarily. On March 18, the National, Glasco, and CAEA issued a joint statement saying that all three parties had agreed to submit "substantially" all issues in dispute to binding arbitration, including reinstatement. Both general meetings were canceled; all lawsuits, grievances, and complaints were dropped or held in reserve; and only tripartite TRIPARTITE. Consisting of three parts, as a deed tripartite, between A of the first part, B of the second part, and C of the third part.  statements will be issued in the future.
COPYRIGHT 1999 Dance Magazine, Inc.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1999, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Author:Citron, Paula
Publication:Dance Magazine
Article Type:Brief Article
Date:Jun 1, 1999
Words:653
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