Employment and Labour Law,
Human Rights, Professional Regulation
When terminating an employee, employers may be liable for aggravated damages if the manner of dismissal is unfair or is in bad faith by being, for example, untruthful, misleading or unduly insensitive.
Dhatt v. Kal Tire Ltd. 2015 BCSC 1177 (CANLII)
Even relatively short term employees may be entitled to significant damages for severance depending upon their age, the seniority of their role, place in their career, specialized professional skills, and if they have an expectation of secure employment.
Cabott v. Urban Systems Ltd. 2015 YKSC 25 (CANLII)
Employees may be entitled to damages for wrongful dismissal even if the employer terminates them before they begin their actual duties.
DeGagne v. City of Williams Lake 2015 BCSC 816 (CANLII)
A material change in the circumstances of employment may constitute constructive dismissal and entitle the employee to damages .
Rothberger v. Concord Excavating and Contracting Ltd. 2015 BCSC 729 (CANLII)
When performing disciplinary investigations, employers have a duty to conduct themselves properly. In the case of long term employees in particular, an employer must give the person being investigated a proper chance to respond to the allegations before terminating their employment.
George v. Cowichan Tribes 2015 BCSC 513 (CANLII)