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.
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