Wrongful Dismissal Primer in B.C. and CERB: 980 CKNW

Interview Summary

A construction employee is suing his former employer for wrongful dismissal in B.C. after he was initially laid off and then terminated without cause. Snider argues that his CERB payments when he was laid off should not have impacted his severance pay. What can other terminated employees expect in regards to wrongful dismissal and CERB?

A Vancouver employment lawyer and Associate at Samfiru Tumarkin LLP joins Jill Bennett on Radio 980 CKNW to answer this question and more.

Interview Notes

Is a without cause termination legal if no compensation is offered?

It is not legal to terminate an employee without cause and not offer proper severance entitlements to the employee. Wrongful dismissal is defined as an employee who has been terminated and is not offered adequate working notice or severance pay by their former employer. Many employees incorrectly assume a wrongful dismissal occurs due to the reason or lack thereof behind a termination.

What should employees know if they are worried about pursuing wrongful dismissal due to legal costs?

While it does depend on the individual case, many employment lawyers aid employees on a contingency basis. In some cases, like with Snider, it is important to remember that employees should not be influenced or pressured by their former employees to accept less than what they are owed.

What advice should employers heed when terminating employees?

Employers should consult with an employment lawyer before terminating employees in order to determine what their employees should be given in terms of severance pay. Many employers, like Reotech Construction, decide to fight against their employees’ rights and ironically incur additional financial damages.

Do employees have to pay back CERB if they receive severance pay?

Some employees would have CERB payments deducted from their severance pay entitlements. For the most part, there should be no additional financial responsibilities for an employee in regard to CERB.  Some cases across Canada have determined there should be no CERB deductions while others have had the opposite decision made.

How much notice is required from employees to give to their employers?

Generally, employees should give employers at least 2 weeks of notice however there could be additional requirements pending an employee’s employment contract. Employees should bear in mind that not giving sufficient notice to their employers could cause damage to a business and lead to wrongful resignation.

Do unionized employees have the ability to refuse a return to the workplace?

While unionized employees should speak to their legal representatives and look to their collective bargaining agreements, non-unionized employees should speak to their employers about their concerns. It is possible for employers and employees to reach a compromise and a possible hybrid work model although ultimately an employer is able to request a return to the office from their employees.