S.D. v Canada Shineray

This case involved a rare award of wrongful dismissal, aggravated damages, and just cause allegations.

Steve Barker and Martin Sheard were successful counsel on the case.

The defence of just cause failed.

Aggravated damages are not commonly awarded in employment law cases. That being so, they were appropriate here and our client was most deserving.

The case also involved an argument for the invalidation of a termination clause due to its apparently pre-emptive circumvention of the Employment Standards Act and the Human Rights Code. This argument was not successful because in the court’s view the clause in question was intended to have narrow application, regardless of its broad wording.

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Kong v. Vancouver Chinese Baptist Church, 2015 BCSC 1328 (CanLII)

This wrongful dismissal trial followed the summary trial decision that the plaintiff could bring a claim for wrongful dismissal. In the result, the plaintiff was awarded the equivalent of 12 months’ notice after less than two years employment. The plaintiff was also awarded $30,000 in aggravated damages.

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