Wrongful Dismissal

In Plotnikoff v Associated Engineering Alberta, 2023 ABCJ 200 (Higa) the Alberta Court of Justice awarded severance, rejecting two defenses

In Elmsdale Landscaping v Hiltz, 2003 NSCA 56, a sod worker was constructively dismissed and got 12 months severance despite refusing to return to work

In Northern Air Charter v Dunbar, 2023 ABKB 171, the Alberta Court of King’s Bench dealt with many employment law issues and dismissed a PC appeal

In Chu v China Southern Airlines, 2023 BCSC 21, an employer tried to manufacture just cause for dismissal. The employee received big damages

In Lake v La Presse, 2022 ONCA 742, the court said it was ok that the employee declined to search for lesser replacement jobs.

In Wisser v CEM International, 2022 ABQB 414, an employee was able to hold a related corporation and directors personally liable for severance.

Currie v Nylene, 2022 ONCA 209 is a new appeal decision where an exceptional 26 month severance award was upheld.

In Oostlander v Cervus, 2022 ABQB 200, the Alberta Court of Queen’s Bench awarded 24 months’ severance to a non-management employee.

Verigen v Ensemble Travel, 2021 BCSC 1934, is a new case where an employer had to pay severance despite decline in business due to COVID

In First Choice Collision v Talbot, the Alberta employment standards appeal tribunal rejected an employer’s argument that the employee had resigned.

The Saskatchewan Court of Appeal upheld a just cause termination for an employee who had an angry and rude outburst with his boss.

Bass v Boston Pizza, 2021 ABPC 315 is a new Alberta decision where the employer’s just cause argument failed and the short-term employee did well.