A BC employer has successfully defended a claim for constructive dismissal despite taking away supervisory duties and moving the employee from an office to a cubicle. The Meyers v. Chevron Canada Limited case is a welcome change from earlier cases we have discussed here (changing a bonus) and here (abusive workplace environment). Meyers worked for Chevron… → Read More
Category Archives: Wrongful Dismissal
Subscribe to Wrongful Dismissal RSS FeedMore Punitive Damages
Posted in Damages, Just Cause, Litigation, Termination, Wrongful DismissalAnother BC employer has been hit with punitive damages. There have been cases where flawed investigations have led to punitive damages (see the Vernon case in BC, and Home Hardware in Alberta), and there have been jury awards for bad employer conduct (see Babine Forest Products in BC, and Wal-Mart in Ontario). Now another BC Supreme Court case - Kelly v. Norsemont… → Read More
Terminating Employees on Disability
Truly Shark Infested Waters
Posted in Discipline, Just Cause, Termination, Wrongful DismissalThe media is full of the story of a couple from Wales who were fired from their jobs after the husband helped save children from a shark attack. It seems that the husband’s heroics generated a media stir at the time, which led to the employer back in Wales finding out the couple were vacationing… → Read More
“Workplace Investigations – Part 3”
Posted in Discipline, Discrimination, Human Rights, Investigations, Just Cause, Termination, Workers Compensation, Wrongful DismissalIn earlier posts, here and here, we discussed some legal issues that arise in workplace investigations. In this post, we will discuss some of the privacy issues that can arise. The investigator is often asked by nervous employees whether their identity and the information they give will be kept confidential. This cannot be guaranteed. Employees being… → Read More
Workplace Investigations – Part 2
Posted in Damages, Discipline, Human Rights, Investigations, Just Cause, Termination, Workers Compensation, Wrongful DismissalIn an earlier post, we discussed when employers may wish to conduct workplace investigations. In this post we’ll discuss who should conduct the investigation. Being lawyers, we usually have a quick answer to this: legal counsel. We recognize, however, that clients don’t have unlimited funds. So practically speaking, each situation will have to be assessed… → Read More
Workplace Investigations – Part 1
Posted in Damages, Investigations, Just Cause, Termination, Wrongful DismissalWith the complexity of workplace law and issues, employers are subject to an increasing number of workplace obligations. When a workplace incident arises it’s often required, or at least advisable, that an employer conduct a prompt and thorough investigation. In this and subsequent posts, we will review some key legal issues that arise in conducting… → Read More
Wal-Mart Ordered to Pay Over 1 Million in Damages
Posted in Damages, Discrimination, Just Cause, Litigation, Termination, Wrongful DismissalOn October 10, 2012, a jury awarded a former Wal-Mart employee over $1.4 million dollars in damages. The jury found that the employee was constructively dismissed due to an abusive work environment at the Windsor Wal-Mart store. This is the largest such award in Canadian history and, as expected, will be appealed by Wal-Mart. Summary… → Read More
Collective Agreement Severance Not Payable
Only accrued rights survive termination of the agreement
Posted in Employment Standards, Labour Relations, Termination, Unions, Wrongful DismissalEmployees terminated after the expiry of their collective agreement are not entitled to severance pay. That is the bottom line, and the end of the line, for the former employees of Mercury Graphics since November 8, 2012 when the Supreme Court of Canada refused to hear their appeal. The Saskatchewan Court of Appeal decision stands and provides some useful guidance… → Read More
Month in Review
Posted in Accommodation, Age, Benefits, Compensation, Pensions, Damages, Discipline, Discrimination, Employee Obligations, Employment Standards, Family Status, Human Capital, Human Rights, Immigration, Investigations, Just Cause, Labour Relations, Litigation, Murphy's Laws of HR, Privacy, Recruiting, Termination, Unions, US vs.Canadian Employment Law, Wage and Hours, Workers Compensation, Wrongful DismissalThe bloggers of BC Employer Advisor issued our first Month in Review to summarize our most recent posts. Visit the summary here.
Introducing Northern Workplaces, our New Client Newsletter
Posted in Human Rights, Termination, US vs.Canadian Employment Law, Wage and Hours, Wrongful DismissalMcCarthy Tétrault’s Labour & Employment Group has recently launched a newsletter destined for our U.S. clients and contacts entitled Northern Workplaces. Northern Workplaces is just one of the tools we are deploying to address labour and employment issues of interest to American-based clients and counterparts who deal with employment matters in Canada. Our first and… → Read More
British Columbia’s New Limitation Act
Posted in Damages, Litigation, Termination, Wrongful DismissalIn an earlier post we notified you of BC’s new Limitation Act. Further information from our litigation group can be found here.
Limitation Act
Posted in Damages, Termination, Wrongful DismissalThe Government of British Columbia is introducing a new Limitation Act, setting out the time limit people have to file civil law suits in British Columbia. On October 2, 2012, the Government announced that the new Limitation Act will come into effect on June 1, 2013. This is relevant for employers who may be subject to… → Read More
Jury Trials in Employment Cases
Another US/Canada Difference
Posted in Damages, Litigation, Termination, US vs.Canadian Employment Law, Wrongful DismissalJeff Polsky has responded on the issue of at will employment and we’ll accept that there is good and bad in both systems. The most important thing for employers from either the US or Canada operating in the other country is to understand the difference and make appropriate adjustments in hiring and firing practices. Jeff’s post… → Read More
Reputation Damages for Terminated Employee
Tipple Case Follows Wallace
Posted in Damages, Termination, Wrongful DismissalYes, an employee can recover for damage to his reputation caused by the manner of termination of his employment. This is not a surprising outcome based on the principles established by the Wallace decision of the Supreme Court of Canada, but it took a Federal Court of Appeal review of an earlier decision to get… → Read More
At Will Employment: What’s the Big Deal?
Posted in Damages, Employment Standards, Just Cause, Termination, US vs.Canadian Employment Law, Wrongful DismissalEmployment in Canada is not “at will”. But is at will employment really all it’s cracked up to be? Does it make the United States a friendlier place for employers? We don’t think so and we are happy to engage Jeff Polsky in the discussion. Jeff started this on the California Employment Law blog with a post, Like… → Read More
When Changing a Bonus Can be Constructive Dismissal
Posted in Benefits, Compensation, Pensions, Constructive Dismissal, Damages, Termination, Wrongful DismissalA judge in BC has ruled that a unilateral change to an employee’s bonus was constructive dismissal: Piron v. Dominion Masonry. That was despite the employer’s plea that the bonus was discretionary, and despite the evidence that the bonus varied widely from year to year and project to project. The case highlights the need for employers… → Read More
Jury Awards Punitive Damages
Posted in Damages, Just Cause, Litigation, Termination, Wrongful DismissalA jury in Prince George, British Columbia has awarded $573,000 in punitive damages to a terminated employee. It may be the highest such award in Canadian employment law history. The employee had worked for Babine Forest Products for 34 years. The company was acquired by Portland, Oregon based Hampton Lumber Mills in 2006. The employee… → Read More
Termination Clauses and Mitigation
Posted in Damages, Employee Obligations, Employment Standards, Litigation, Termination, Wrongful DismissalA recent Ontario Court of Appeal decision sounds a warning to employers – if you want to have a set amount of notice or compensation for termination without cause, AND you want to require the former employee to mitigate, you need to say so explicitly in the contract. Goss Power Products had a written contract… → Read More
Just Cause – Dishonesty, Breach of Contract, Good Faith
Posted in Employee Obligations, Just Cause, Litigation, Termination, Wrongful DismissalIt is always difficult for an employer to prove just cause. In an earlier post, we discussed performance based just cause. This post looks at a recent case from British Columbia that found just cause based on dishonesty, breach of contract and breach of the duty of good faith. Ernst was hired as a senior… → Read More
Non-Competition / Non-Solicitation Covenants – Are They Enforceable?
Posted in Employee Obligations, Litigation, Wrongful DismissalA recent case from Ontario has provided a comprehensive and very useful summary of the law on enforceabilty of restrictive covenants, like non-competition and non-solicitation clauses. The principles apply in all the common law provinces of Canada, including British Columbia. The case is called Martin v. ConCreate USL LP and it can be found at Martin… → Read More
Deduction of Pension Benefits from Wrongful Dismissal Damages
Posted in Benefits, Compensation, Pensions, Damages, Termination, Wrongful DismissalIn Waterman v. IBM Canada [2011] S.C.C.A. No. 427 (QL), the Supreme Court of Canada has granted to leave to appeal from a decision of the BC Court of Appeal deciding that pension benefits are not deductible from wrongful dismissal damages. The Plaintiff Waterman was terminated without cause by IBM after approximately 42 years of service. … → Read More
Investigations and Terminations That Cost – Part II
Posted in Investigations, Litigation, Termination, Wrongful DismissalLast week we looked at the flawed investigation leading to the termination of a long service employee. This week, we look at the problems with the termination process. Stephanie Vernon spent her entire working life – 30 years from the age of 19 – working for the Liquor Distribution Branch. A particularly sensitive employee made a… → Read More
Investigations and Terminations That Cost – Part I
Posted in Investigations, Litigation, Termination, Wrongful DismissalA B.C. employer has recently been hit with a significant damage award related to the termination of a long service employee. The court found two major problems: a flawed investigation and an insensitive termination. This week, we look at the investigation. Stephanie Vernon spent her entire working life – 30 years from the age of 19… → Read More
When Do Performance Problems Amount to Just Cause?
Posted in Termination, Wrongful DismissalOur courts continue to emphasize how difficult it is to establish just cause for termination based on performance. A recent case made it clear that any such termination must be preceded by a very clear and current warning. The court accepted that the employee’s performance was clearly below standard, but not “grossly deficient”. Accordingly, a warning was… → Read More
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