Tag Archives | wrongful dismissal

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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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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Fixed-Term Employment Contracts: What Are the Risks for Employers?

With contributions by Erin Brandt (nee Kizell), Lawyer. Some employment contracts specify an employment end date, and others don’t. Why should employers choose one or the other? At the end of the day, is there really any difference? Often, an employer and employee will enter into their new working relationship hopefully, with the expectation that […]

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cbc

Ghomeshi v. CBC: Is there any merit to his lawsuit?

With contributions by Andres Barker and Erin Brandt (nee Kizell). Thanks to widespread media coverage, it is the rare Canadian who hasn’t heard about the CBC’s recent decision to fire popular radio host and personality Jian Ghomeshi following unconfirmed allegations that he engaged in “unwanted sexual violence” with multiple women. It is that same rare […]

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Can I Fire an Employee for Past Misconduct? What Every Employer Needs to Know About Condonation

It is a fundamental principle of wrongful dismissal law that an employer must give a dismissed employee reasonable notice of termination, or provide her with severance pay in lieu of that notice. The exception to this rule occurs when the employer has “just cause” for dismissal – in such cases, the employer can fire the […]

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Reasonable Notice for the Senior Short Term Employee: The So-Called “Six Month Rule”

If you fire a senior employee after only a brief period of employment, there is a good chance you will end up having to pay her more severance than you expected – unless of course she is subject to an air-tight termination clause in her contract. Whether, as some have suggested, such employees will always […]

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The Duty to Relocate: How Far Does an Employee Have to Go to Find Work?

A key concept in the area of wrongful dismissal law is mitigation: following dismissal, an employee has a duty to mitigate her losses by searching for new employment. In fulfilling that duty, she must act “reasonably”. But what does “reasonably” mean in this context? Does the law require an employee to relocate in order to […]

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Employee Resignations: Not as Straightforward as They Seem

During a heated exchange at a contentious meeting, one of your employees tells you she’s quitting and won’t be coming back, then angrily exits the boardroom. Clearly, she’s resigned, right? The answer is…it depends.

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