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Resignations

Employee's stress due to nature of job not employer's improper conduct; no construtive dismissal

Jurisdiction: - Canada/Federal
Sector: - First Nations

Kade v. Chippewas of Nawash Unceded First Nation [2011] C.L.A.D. No. 101 (Mole)

BC Court of Appeal overturns award of $20,000 in bad faith compensatory damages

Jurisdiction: - British Columbia
Sector: - Retail Trade

In a post on June 19, 2010 ("Failure to adequately follow-up after fire destroyed employee's home, attack on reputation, lead to $20,000 bad faith damages"), I summarized the BC Supreme Court's decision in Beggs v. Westport Foods Ltd., 2010 BCSC 833.

In that decision, the trial judge awarded the employee $20,000 in damages for the manner of dismissal, and the employer's conduct thereafter.  read more »

Failure to adequately follow-up after fire destroyed employee's home, attack on reputation, lead to $20,000 bad faith damages

Jurisdiction: - British Columbia
Sector: - Retail Trade

In Beggs v. Westport Foods Ltd., 2010 BCSC 833, the court awarded the plaintiff/former employee $20,000 in bad faith/unfair dealing damages because, among other factors:

  • the employer only tried to contact the employee twice after a fire destroyed her home before assuming she had quit; and
  • the employer's lawyer had attacked the plaintiff's reputation and had undertaken a generally aggressive tone in his correspondence with the plaintiff's lawyer.

Background

The plaintiff had worked as a clerk in the employer's meat department for 9.5 years. She earned $13.10/hour.  She had a Grade 12 education, was 52 years old and had a "good record" at work.

Triggering Event

On February 18, 2009, the plaintiff's mobile home was destroyed by a fire. She phoned her supervisor the next day to advise that she would be coming into work as scheduled that day, and did not know when she would be returning to work.  read more »