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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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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As has been discussed in previous postings, all employee/employer relationships are defined by an employment contract. Sometimes these contracts are written out, however, many employment contracts are implied. Simply put, this means that the terms, conditions and dynamics of the employment relationship are based on experience and on the reasonable expectations of the employee and…
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