Employment Law Issues (9:V): Difference between revisions
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Employment Law Issues (9:V) (view source)
Revision as of 21:32, 27 September 2022
, 27 September 2022→b) Bad Faith Performance of Contracts
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“Bad faith” has been found in cases the following cases: | “Bad faith” has been found in cases the following cases: | ||
* | *Where the employer lied to the employee about the reason for dismissal (see ''Duprey v Seanix Technology (Canada) Inc'', 2002 BCSC 1335, where an employer told a commissioned employee they were being released due to financial hardship, when it was found they were being released so the employer would not have to pay owed commission); | ||
* | *Where an employer has deceived the employee about representations of job security (''Gillies v Goldman Sachs Canada'', 2001 BCCA 683); | ||
* | *Where a senior employee was induced to leave their position under the promise of job leading to retirement; and | ||
* | *Where an employer promised an employee they would keep their job after a merger, although they knew differently (''Bryde v Liberty Mutual'', 2002 BCSC 606). In one case, a response by employer’s counsel to an employee’s counsel containing an allegation of just cause where none existed was held not to constitute bad faith (''Nahnychuk v Elite Retail Solutions Inc'', 2004 BCSC 746). However, in another province, a letter threatening to allege just cause where none existed, for the purpose of forcing a settlement, even though just cause was not plead in court, was held to give rise to additional damages (''Squires v Corner Brook Pulp and Paper Ltd'', [1999] NJ No 146 (Nfld CA)); and, | ||
* | *Where an employer has made false accusations about the employee at the time of dismissal. See Price v 481530 BC Ltd et al, 2016 BCSC 1940, where an employer dismissed an employee on the basis of false allegations of dishonesty contributing to the creation of a hostile work environment and ultimately their constructive dismissal; and | ||
*Where an employer produced false evidence of the employee’s absence without leave in order to argue just cause for dismissal and only offered ESA minimum severance (''Bailey v. Service Corporation International (Canada) ULC'', 2018 BCSC 235)). | *Where an employer produced false evidence of the employee’s absence without leave in order to argue just cause for dismissal and only offered ESA minimum severance (''Bailey v. Service Corporation International (Canada) ULC'', 2018 BCSC 235)). | ||
*Where a law firm was ordered to pay aggravated damages to an employee for unfair, bullying, and bad faith conduct by her former employer and her former principal. The employer’s objectionable conduct included dismissing the employee without proper investigation, serving the employee a termination letter and a notice of claim in front of her classmates at PLTC (a deliberate public firing), and firing the employee on the basis of harsh and unwarranted accusations based on unfounded suspicions, which allegations were maintained throughout the litigation process. ''Acumen Law Corporation v. Ojanen'', 2019 BCSC 1352, https://canlii.ca/t/j1z2k. | *Where a law firm was ordered to pay aggravated damages to an employee for unfair, bullying, and bad faith conduct by her former employer and her former principal. The employer’s objectionable conduct included dismissing the employee without proper investigation, serving the employee a termination letter and a notice of claim in front of her classmates at PLTC (a deliberate public firing), and firing the employee on the basis of harsh and unwarranted accusations based on unfounded suspicions, which allegations were maintained throughout the litigation process. ''Acumen Law Corporation v. Ojanen'', 2019 BCSC 1352, https://canlii.ca/t/j1z2k. | ||
