Employers should expect to provide some compensation to employees they terminate without cause. The amount of compensation depends on a number of factors, such as the nature of the employment, the availability of similar employment, the age of the employee, and the...
Ms. Saunders was an agency sales representative with WestJet, her employer. She was terminated from this position on July 29, 2019. Following her termination, Ms. Saunders filed a complaint of unjust dismissal under section 240(1) of the Canada Labour Code (the...
I wrote a blog post this past August discussing the potential impact of Canada Emergency Response Benefit (CERB) payments on wrongful dismissal damages. We looked specifically at the British Columbia Supreme Court’s decision in Hogan v 1187938 B.C. Ltd (“Hogan”),...
This recent decision of the British Columbia Supreme Court touches on a fundamental principle of contract law: that a contract is not enforceable unless consideration (i.e. something of value, including promises to do something) has been given in exchange. Where there...
Not long ago, the Ontario decision Kraft v. Firepower Financial Corp. demonstrated the willingness of courts to award higher notice periods to employees who demonstrated clear mitigation efforts in spite of the many difficulties stemming from the COVID-19 pandemic and...
