Archive | Wrongful Dismissal / Termination

0127 Kent Branding 1855 Web

An Employer’s Legal Burden of Proof Lessened: A Common Sense Approach

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 […]

Continue Reading ·
0127 Kent Branding 1855 Web

Logan v. Numbers Cabaret Ltd.: A Lighter Burden for Employers?

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 […]

Continue Reading ·
Engagement Retention

Sustainable Employment: Make Every New Hire Count

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 […]

Continue Reading ·

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.

Continue Reading ·
gavel

Chellappa v. Kumar: Cryptic Comments about Employee Conduct from the BCCA

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 […]

Continue Reading ·

TeBaerts v. Penta Builders Group Inc., 2015 BCSC 2449

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 […]

Continue Reading ·

Successful Wrongful Dismissal 2015

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 […]

Continue Reading ·

Andres Barker Writes about Employee Dismissal for Canadian Employment Law Today

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.)

Continue Reading ·

Dismissing an Employee in BC: Common Law vs. Employment Standards Legislation

In this September 2015 article for Canadian Employment Law Today, Andres Barker explains the various ways that the common law and employment standards legislation differ with respect to employee dismissal in British Columbia.

Continue Reading ·
mitigate reemployment

Does an Employee’s Duty to Mitigate Extend to Offers of Re-employment Following Dismissal?

By Andres Barker, Lawyer. It is a basic, fundamental principle of Canadian wrongful dismissal law that an employee has a duty to mitigate her losses following the termination of her employment. The essence of this duty is that a dismissed employee must look for comparable work matching her skills, qualifications and professional status. If an […]

Continue Reading ·