When faced with a wrongful dismissal lawsuit from a former employee, one strategy employers use to reduce severance liability is to argue that the worker failed to mitigate her losses (i.e. by getting a new job). Traditionally, however, Canadian employment law has placed a heavy burden on an employer wanting to prove a failure to […]
By Samantha Stepney, Lawyer. When faced with a wrongful dismissal lawsuit from a former employee, one strategy employers use to reduce severance liability is to argue that the worker failed to mitigate her losses (i.e. by getting a new job). Traditionally, however, Canadian employment law has placed a heavy burden on an employer wanting to […]
Your recruiting efforts have paid off. After weeks (or months) of placing ads, reading resumes, and holding interviews, you’ve finally found someone who seems like a fantastic fit for your organization. You’re ready to make an offer. What do you need to know before you do? In anticipation of our upcoming Employer Forum on hiring […]
Our client, a 55-year-old Bid Estimator, was dismissed from his job after one year of employment. He brought a successful wrongful dismissal claim against his former employer, receiving a damages award equal to eight months’ salary as the court agreed his physical condition affected his ability to seek alternative employment, and did not deduct from […]
Wrongful Dismissal Settlements and Awards: Making and Defending Mitigation Arguments, and Other Creative Solutions (CLEBC Paper)
In this paper for the 2016 CLEBC Employment Law Conference, co-author Andres Barker examines the various litigation strategies, both common and rare, for dealing with the issue of mitigation in the field of wrongful dismissal law.
Lawyer Trevor Thomas, Contributor. Earlier this year, our neighbours and good friends at Connect Family Law reviewed the recent BC Court of Appeal decision in Chellappa v. Kumar, a case that brought together family and labour laws. You can find Connect’s comments on the importance of the case for family lawyers and clients here. For […]
Wrongful dismissal case is a warning to accept reasonable offers: Richard Johnson speaks to AdvocateDaily.com
A British Columbia Supreme Court decision that awarded double costs after a wrongful dismissal trial should be seen as a warning to employers to settle if a reasonable offer is made early in the court process, Richard Johnson explains.
Following our client’s success in her wrongful dismissal trial, we brought a successful court application on her behalf for additional legal costs against her ex-employer. Since our client had made the employer a formal offer to settle early in the proceedings and the court awarded her more at trial than the amount she had previously […]
Our 50-year old upper management client was dismissed after 25 years of service. The employer argued that our client failed to mitigate her damages by not making reasonable efforts to seek alternate employment, and introduced expert testimony regarding our client’s mitigation efforts. The court ruled in our client’s favour, finding that her job search was […]
Andres Barker explains the various ways that the common law and employment standards legislation differ with respect to employee dismissal in British Columbia. (Canadian Employment Law Today, Sept 30/2015, published by Canadian HR Reporter, copyright Thomson Reuters.)