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.
The case has important implications for employees, employers, and employment law practitioners in wrongful dismissal cases where issues arise about mitigation of damages, bonuses earned either during employment, or in an applicable notice period, as well as constructive dismissal.
Mr. Justice Goepel of the BC Supreme Court handed down comprehensive reasons for judgment on January 27, 2012 dismissing a just cause defence by the BC Liquor Distribution Branch in a wrongful dismissal damage claim by a senior manager.
Chris Forguson’s recent landmark win in the Higginson v. Hampton Lumber case in the news.
The plaintiff, Larry Higginson had been dismissed from the Babine sawmill in Burns Lake in October, 2009. The Babine sawmill had been acquired in November 2006 by Hampton Lumber Mills Inc. based in Portland, Oregon. Babine Forest Products Inc. and Hampton Lumber Mills Inc. were joint defendants.
Madam Justice Linda Loo of the British Columbia Supreme Court has handed down reasons for judgment in Nishina v. Azuma Foods (Canada) Co., Ltd. which are an important interpretation of a recent wrongful dismissal damage decision of the Supreme Court of Canada.
Mr. Giza worked for 5 years as a school bus driver until, after a rough patch with his employer (not alleged to be just cause) the employer served 5 weeks’ working notice in purported compliance with the BC Employment Standards Act. Mr. Giza decided to cease work on the same day, instead of working through the 5 week notice period, and commenced an action for wrongful dismissal damages.
Mr. Justice Goepel of the BC Supreme Court handed down comprehensive reasons for judgment on January 27, 2012 dismissing a just cause defence by the BC Liquor Distribution Branch in a wrongful dismissal damage claim by a senior manager.
In this recent BC employment law case, the plaintiff recovered wrongful dismissal damages after long service. Just cause was not alleged at trial, but had been considered based on the plaintiff’s sending offensive jokes of a sexual nature by email.
On August 2, 2011, the British Columbia Court of Appeal unanimously dismissed an appeal by an employer to have an employee’s pension benefits received during an appropriate notice period offset against wrongful dismissal damages for the same period.
I wouldn't hesitate to recommend Tevlin Gleadle Curtis for any legal issues related with employment law. When two co-workers and I were wrongfully dismissed, we consulted and retained this firm. We received quick and courteous help and eventually settled out of court after we had finally received reasonable severance offers from our former employer. If not for Tevlin Gleadle Curtis, we would have only received about a quarter of the settlement we were entitled to.