Successful application for permission to appeal the lower Court’s decision to prevent Mr. Esau’s wrongful dismissal claim after his former employer filed for protection under the Companies’ Creditors Arrangement Act.
Successful claim by employee to recover $17,388 from his former employer for unpaid overtime which he worked in 2000 and 2001.
The Appeal Court ruled that termination pay owed under an employment contract was not “wages” as defined by the Employment Standards Act, and awarded 24 months termination pay under the contract. The Court also concluded that only Mr. Colak’s direct employer, and not its parent, was liable for that amount.
Court found that a restrictive covenant in his employment contract prohibiting Mr. Jordon from competing against the defendants after he left their employ was unreasonable and unfair and went farther than necessary to protect the defendants’ customer base and prevent the misuse of trade secrets. The covenant was declared unenforceable.
Successful claim for wrongful dismissal by the plaintiff after 2 years of employment as the head-start / health coordinator of the defendant Indian Band. Court concluded that a notice period of five months was appropriate and awarded three additional months because the Band acted in an out-of-control and high-handed manner in dismissing her.
Successful claim by employee offered inadequate severance. Court awarded 9 months notice to a service manager of a BMW dealership with 8.5 years service.
Court awarded 12 months notice to a dental assistant with 24 years of employment who was fired by the defendants approximately 6 months after they purchased her former employer’s dental practice.
Court held that the employee’s resignation had not been clear and unequivocal and that his conduct was inconsistent with an intention to resign and awarded the employee 6 months severance.
In this case, the BC Supreme Court found that our client’s statement to his employer that he had been constructively dismissed amounted to a resignation. Our client appealed this decision to the BC Court of Appeal and was successful in having the lower court’s decision overturned.
The employer in this case was required to pay our client, a theatre producer, all the monies owed to her under her employment contract after the Court rejected the employer’s claim that she was dismissed for cause.