Difference between revisions of "Employment Law Issues (9:V)"

*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