![]() Vernon v. British Columbia (Liquor Distribution Branch) 2012 BCSC 133The Court awarded our client 18 months severance, $35,000 in aggravated damages and $50,000 in punitive damages after she was wrongfully dismissed from her job of 30 years with the Liquor Board. Download Case PDF Chan v. Dencan Restaurants, 2011 BCSC 1439Our client is 63 years of age and was a managment level employee employed by Denny's for 15 years. The court found that our client had not resigned from his employment but had instead been wrongfully dismissed by Denny's and awarded him 18 months of severance. Download Case PDF McIntosh v. Metro Aluminum Products and Augustynowicz 2011 BCHRT 346 Our client brought a successful human rights complaint against her former employer and boss for sexual harassment (unwanted text messages), and received approximately $29,500 in compensation, including $12,500 tax free in general damages for injury to dignity, feelings and self-respect.
Recent CasesLewis v. Terrace Tourism Society. 2007 BCSC 1456Our employee client was suing her employer for wrongful dismissal and defamation. The employer (a society) was winding down its affairs and we successfully obtained a court injunction preventing the employer from disposing of its assets until the conclusion of the trial.Download Case PDF Pardham v. Caledonia Enterprises Ltd. [2007] BCPC 0289We represented an employer who was being sued by an ex-employee for wrongful dismissal. The employer had paid the employee eight weeks of severance but the employee sued for 15 additional weeks. The Court awarded the employee only two additional weeks of severance.Download Case PDF Colak v. UV Systems Technology Inc. & Creative Eateries Corporation, [2007] BCCA 220The Appeal Court ruled that termination pay owed under an employment contract was not “wages” as defined by the Employment Standards Act, and awarded 24 months termination pay under the contract. The Court also concluded that only Mr. Colak’s direct employer, and not its parent, was liable for that amount.Download Case PDF West Bay SonShip Yachts Ltd. v. Gerald Esau, [2007] BCCA 419Successful application for permission to appeal the lower Court’s decision to bar (i.e. prevent) Mr. Esau’s wrongful dismissal claim after his former employer filed for protection under the Companies’ Creditors Arrangement Act.Download Case PDF Holland v. Northwest Fuels Ltd. et al, [2007] BCSC 569Successful claim by employee to recover $17,388 from his former employer for unpaid overtime which he worked in 2000 and 2001. The Court found that Mr. Holland’s right under the Employment Standards Act to overtime is an unwritten term of his employment contract, such that he was allowed to bring his claim in the courts, and was not limited to filing a claim with the Employment Standards Branch.Download Case PDF Jordon v. Pacific Sign Group Inc. et al, [2007] BCSC Docket No. S066820Court found that a restrictive covenant in his employment contract prohibiting Mr. Jordon from competing against the defendants after he left their employ was unreasonable and unfair and went farther than necessary to protect the defendants’ customer base and prevent the misuse of trade secrets. The covenant was declared unenforceable.Download Case PDF Solomon v. Alexis Creek Indian Band, [2007] BCSC 459Successful claim for wrongful dismissal by the plaintiff after 2 years of employment as the head-start / health coordinator of the defendant Indian Band. Court concluded that a notice period of five months was appropriate and awarded three additional months because the Band acted in an out-of-control and high-handed manner in dismissing her.Download Case PDF |