Tag Archives | wrongful dismissal

0159 Connect And Kent 9389 Web

Fixed-Term Employment: Manage the Risks and Respect Your Employees

Some employment contracts specify an end date, some don’t. Why do employers choose one or the other? At the end of the day, is there any difference?

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Erin Brandt Simon Kent

Workations: A Path Towards Sustainable Employment?

Workations as a concept are nothing new. Employees, executives and business owners brought paperwork with them on holiday and maintained remote contact with the office long before we entered the Digital Age.

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Erin Brandt

Probation: Why Bother?

We’ve weighed in previously on the issue of probationary employment and employers’ duties – and employees’ rights – in that context. A recent BC Supreme Court decision inspired us to consider the issue from a different perspective. Put simply: Are probationary periods necessary or advisable?

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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 […]

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Successful Wrongful Dismissal 2016

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 […]

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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 […]

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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 […]

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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 […]

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commissions3

Steinebach v. Clean Energy: What Are a Commissioned Employee’s Severance Entitlements?

Lawyer Trevor Thomas, Contributor. When it comes to calculating an employee’s entitlements on termination, the primary focus tends to be on how many months of severance (or notice) the dismissed employee should receive. A secondary but equally important aspect of the calculation is what types of compensation should be included in the final severance amount. […]

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justice.Roe

Roe v. BC Ferries: A trifling theft is still a theft

By Andres Barker, Lawyer. In a judgment issued earlier this year, the British Columbia Court of Appeal reversed a trial judge’s decision that a senior level employee was unjustly dismissed after giving away free food vouchers to his daughter’s sports teams. The plaintiff was the manager of the Duke Point ferry terminal for approximately 4.5 […]

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