In this leading employment law case we represented a senior manager at Norkse Skog’s Crofton pulp and paper mill who was wrongfully dismissed. Mr. Tull had worked for the defendant and its predecessors for 14 years, and was awarded damages based on a 20 month notice period. Mr. Tull’s claim included a claim for damages for losses suffered by reason of the company’s failure to contribute to his basic and supplemental pension plan.
The reasons for judgment contain an excellent analysis of the issue of whether an employer is permitted to pay damages by way of salary continuation (sometimes called salary continuance), an important and then unresolved issue of some importance in employment law in BC. The trial judge accepted arguments presented on behalf of Mr. Tull that salary continuation was not appropriate in the circumstances. More importantly, the learned judge made certain general observations that suggested the court would not find salary continuation to be appropriate in any circumstance where the employer failed to give proper working notice.