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The court found the employee did not clearly resign, held the failure to recall him after layoff was wrongful dismissal, and awarded six months’ notice.
The Court of Appeal deferred to the trial judge's factual findings and proportionality analysis and dismissed the challenge to the finding of just cause for summary dismissal, but held the misconduct did not meet the higher statutory wilful misconduct standard for ESA disentitlement and awarded eight weeks' termination pay; the respondent's litigation misconduct disentitled it to costs of the trial, so the trial costs award was set aside and no costs of the trial were ordered.
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The court found the written supervisor contract was a sham for immigration purposes, dismissed both claim and counterclaim, and awarded no damages.
The Court refused to overturn the trial judge's factual findings; on the facts found the isolated removal of one or two day sheets, absence of disclosure or patient harm, lack of evidence of continued retention or solicitation, and the contextual assessment of reprisal and demotion did not amount to just cause, so the wrongful dismissal judgment, a twelve‑month notice award and $20,000 Code damages stand; substantial indemnity costs on appeal of $12,500 were warranted.
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The court held the plaintiff was wrongfully dismissed and entitled to ten months’ reasonable notice, with damages based on prior earnings, benefits, interest and costs.
A wrongful dismissal claim in the Supreme Court of British Columbia. The plaintiff received 14 months’ notice, with deductions for post-termination earnings and maternity leave excluded.
Appeal from a wrongful dismissal judgment partly succeeded on insurance benefits, but the six-month notice award, bonus interpretation, and vacation-related awards were otherwise upheld.
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