A recent decision out of Kelowna, B.C., found a long-term West-Kelowna firefighter, Kerry Klonteig, to be wrongfully terminated after he was arrested for impaired driving in a Fire Department vehicle while off-duty. The plaintiff in Klonteig v. District of West Kelowna, 2018 BCSC 124, who had been a firefighter for the District of West…
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In an undefended case out of Ontario, Horner v. 897469 Ontario Inc. o/a Superior Coatings, 2018 ONSC 121, a short term employee was awarded $10,000 for wrongful termination and an additional $30,000 in aggravated and punitive damages for the aggravation of her known depression and the callous manner of termination when the employer failed…
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We’ve all been there, sitting in our car in a left turning lane waiting patiently for the never ending traffic to pass or the light to turn yellow so that we can finally make our left turn. It's even possible to have waited through multiple sets of light changes before finally getting to the…
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One of the less desirable parts of being an employer involves sometimes being forced to terminate staff members. While awkward and often painful termination meetings cannot be avoided, a potential claim for damages for wrongful dismissal can generally be sidestepped with a few simply preemptive steps. Employers are well advised to understand their obligations to…
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The Supreme Court of British Columbia recently released its Reasons for Judgment in Ensign v. Price Alarm Systems (2009) Ltd., 2017 BCSC 2137, where an employer’s multiple, but clearly disingenuous offers to re-employ a terminated long-term employee attracted aggravated damages as well as damages for wrongful termination. The Details of the Case The plaintiff,…
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The British Columbia Court of Appeal recently weighed in on the calculation of employment income earned by a plaintiff during the reasonable notice period in Pakozdi v. B & B Heavy Civil Construction Ltd., 2018 BCCA 23 (CanLII). In its decision the Court of Appeal addressed a situation where a terminated employee was not…
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A unilateral, material and significant change to the employment relationship can lead to a claim of constructive dismissal. Constructive dismissal happens when an employee resigns from their position because the employer has, without warning, materially altered the employment relationship or created such a hostile work environment that it is impossible for the employee to…
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Buying a home, especially for the first time, can be many things – exciting, nerve wracking, the fulfillment of a life long dream. One of the big questions facing many buyers is the all important “how much can I afford?” Buyers tend to focus on the sticker price of the house and it…
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The issue of whether a terminated employee is entitled to receive a discretionary performance-based bonus was addressed in a recent decision from the Ontario Superior Court of Justice, Singer v. Nordstrong Equipment Limited, 2017 ONSC 5906 (CanLII). Normally in employment law, a terminated employee must be put in the same position during the reasonable…
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If you have just been terminated from your employment, once the initial shock has worn off, your likely first step will be to search the internet for an employment lawyer in your area to help you understand your termination and to determine if the termination/severance package is appropriate for your employment history and circumstance.…
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