Notice Period

$50,000 punitive damages awarded for giving employee option to resign with reference letter, rather than be dismissed for cause

Submitted by: Greg Gowe on 2012/02/01

Topics: - Investigations - Just Cause - Notice Period - Pensions - Psychological Harassment - Punitive Damages - Wallace & Bad Faith & Moral & Mental Distress Damages - Wrongful Dismissal

Jurisdiction: - British Columbia

Sector: - Retail Trade

Vernon v. British Columbia (Liquor Distribution Branch), 2012 BCSC 133

BC Court of Appeal considers legal effect of employee’s failure to work during notice period

Submitted by: Greg Gowe on 2012/01/14

Topics: - BC Court of Appeal - BC Employment Standards Act - Constructive Dismissal - Notice Period

Jurisdiction: - British Columbia

Sector: - Transportation

Giza v. Sechelt School Bus Service Ltd., 2012 BCCA 18

Restaurant GM awarded 18 mos notice, denied aggravated damages as no proper medical evidence of psychological injury

Submitted by: Greg Gowe on 2011/11/16

Topics: - Notice Period - Punitive Damages - Resignations - Wallace & Bad Faith & Moral & Mental Distress Damages - Wrongful Dismissal

Jurisdiction: - British Columbia

Sector: - Restaurants & Food Services

Chan v. Dencan Restaurants Inc., 2011 BCSC 1439

62 year-old manager dismissed for sending inappropriate email awarded 18 mos notice, denied punitive damages

Submitted by: Greg Gowe on 2011/11/15

Topics: - Bonuses - Computer Use & Social Media - Duty to Mitigate - Just Cause - Notice Period - Punitive Damages

Jurisdiction: - British Columbia

Sector: - Banking & Financial Services

Szczypiorkowski v. Coast Capital Savings Credit Union, 2011 BCSC 1376

Employer's inaccurate and misleading dismissal email not sufficient to ground award of moral damages

Submitted by: Greg Gowe on 2011/10/25

Topics: - Notice Period - Resignations - Wallace & Bad Faith & Moral & Mental Distress Damages - Wrongful Dismissal

Jurisdiction: - British Columbia

Haftbaradaran v. St. Hubertus Estate Winery Ltd., 2011 BCSC 1424

Court finds dismissal, not resignation, awards 7.5 month employee in mid-40s a 2 month notice period

Submitted by: Greg Gowe on 2011/10/09

Topics: - Notice Period - Resignations - Tort Claims - Wrongful Dismissal

Jurisdiction: - British Columbia

Sector: - Professional Services

Balogun v. Deloitte & Touche, LLP, 2011 BCSC 1314

Terms of pension plan disentitled employee to matching contributions from employer over notice period

Submitted by: Greg Gowe on 2011/09/14

Topics: - Benefits - Duty to Mitigate - Employment Insurance - Notice Period - Pensions - Wrongful Dismissal

Jurisdiction: - British Columbia

Systad v. Ray-Mont Logistics Canada Inc., 2011 BCSC 1202

False allegations of dishonest and/or fraudulent conduct result in award of $20,000 in damages for mental distress

Submitted by: Greg Gowe on 2011/09/04

Topics: - Benefits - Dishonesty - Duty to Mitigate - Employment Insurance - Just Cause - Notice Period - Punitive Damages - Wallace & Bad Faith & Moral & Mental Distress Damages - Wrongful Dismissal

Jurisdiction: - Saskatchewan

Sector: - Retail Trade

Coppola v Capital Pontiac Buick Cadillac Gmc Ltd, 2011 SKQB 318

Employee's demotion from seafood department manager to clerk-2 was constructive dismissal

Submitted by: Greg Gowe on 2011/07/14

Topics: - Constructive Dismissal - Duty to Mitigate - Just Cause - Notice Period - Progressive Discipline - Punitive Damages - Wallace & Bad Faith & Moral & Mental Distress Damages - Wrongful Dismissal

Jurisdiction: - British Columbia

Sector: - Retail Trade

Haddock v. Thrifty Foods (2003) Limited, 2011 BCSC 922

Disrespectful, inflammatory letter from employee's lawyer to employer "tips balance" for just cause dismissal

Submitted by: Greg Gowe on 2011/05/21

Topics: - Just Cause - Notice Period - Resignations - Wrongful Dismissal

Jurisdiction: - British Columbia

Sector: - Banking & Financial Services

Grewal v. Khalsa Credit Union, 2011 BCSC 648

Greg Gowe's

Notice Period

$50,000 punitive damages awarded for giving employee option to resign with reference letter, rather than be dismissed for cause

BC Court of Appeal considers legal effect of employee’s failure to work during notice period

Restaurant GM awarded 18 mos notice, denied aggravated damages as no proper medical evidence of psychological injury

62 year-old manager dismissed for sending inappropriate email awarded 18 mos notice, denied punitive damages

Employer's inaccurate and misleading dismissal email not sufficient to ground award of moral damages

Court finds dismissal, not resignation, awards 7.5 month employee in mid-40s a 2 month notice period

Terms of pension plan disentitled employee to matching contributions from employer over notice period

False allegations of dishonest and/or fraudulent conduct result in award of $20,000 in damages for mental distress

Employee's demotion from seafood department manager to clerk-2 was constructive dismissal

Disrespectful, inflammatory letter from employee's lawyer to employer "tips balance" for just cause dismissal

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