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.
NOT LEGAL ADVICE. Information made available on the Kent Employment Law website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action, based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. One of our lawyers would be pleased to discuss any specific legal concerns you may have.