Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10 is the most recent time the Supreme Court of Canada touched on the issue of Constructive Dismissal. There was no earth-shattering change to the law, but the case contained a few interesting edicts from the employment lawyer’s perspective. Many of these principles would apply equally to a wrongful dismissal scenario.
B.C. Lottery Corporation has recently terminated a large number of employees. Our understanding is that this reflects BCLC’s position that people are moving to online gambling, resulting in a need to reorganize. Some of these terminations may take the form of constructive dismissal – an erosion of one’s actual job to a point it becomes unacceptable.
Martin Sheard argued this important employment law matter both at trialand in the Court of Appeal J.P. v. Dominion Masonry Ltd., 2013 BCCA 184 (Groberman, MacKenzie, Harris JJ.A.). He was successful in both courts. David McWhinnie of our office also appeared in the appeal. Opposing counsel was a partner at a national law firm.
Russo v. Kerr, 2010 ONSC 6053, a decision of the Ontario Superior Court, addresses some of the more esoteric elements of the interplay between wrongful/constructive dismissal and mitigation of damages. Russo is noteworthy for the approach it takes to the question of an employee’s right to sue for damages during a period of working notice.
I was referred to TGC by other lawyer. I was very frustrated with my situation and status at work and seeking professional advice. This was my first time to use the service and was a bit nervous coming in. David McWhinnie was very approachable and I was relaxed and able to ask any questions without hesitation throughout the consultation. He was very organized, quick to understand my situation, and gave me advice on how to approach employer in details within a very short period of time. I am very satisfied with his advice.