First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

Barry B. Fisher LL.B.

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BC Court of Appeal rules that CERB is NOT deductible from wrongful dismissal damages

In Yates v Langley Motor Sport Centre Ltd (2022 BCCA 398), Justice Bauman finally definitively answered the issue of whether or not CERB payments received by a terminated employee are deductible from wrongful dismissal damages that cover the same time period.

By | 2 Minutes Read

Employer wacked with $55,000 of moral and punitive damages

In Pohl v Hudson’s Bay Company (2022 ONSC 5230) Justice Centa awarded at 53 year old Sales Manager with 28 years service a notice period of 24 months. No surprise there. However,

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Terminating an employee without reasonable notice results in employer paying for 26 years of LTD benefits

In Pasap v Saskatchewan Indian Gaming Authority and Bear Claw Casino (2022 SKQB), Justice McMurtry had a situation where there was an issue as to whether the employee was fired or resigned. Having found that the Defendant had given him an ultimatum to quit or be fired, the Court found that he was fired and should have received 8 months notice.

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