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Barry B. Fisher LL.B.

By Barry B. Fisher LL.B. | < 1 Minutes Read December 12, 2022

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

wrongful dismissalIn 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.

Article by Barry B. Fisher LL.B. / Payroll / Canada Emergency Response Benefit CERB, CERB, employment law, termination, wrongful dismissal damages Leave a Comment

By Barry B. Fisher LL.B. | 2 Minutes Read November 28, 2022

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

notice periodIn 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,

Article by Barry B. Fisher LL.B. / Employment Standards, Payroll / CEWS, common law entitlement, employment contract, employment law, employment standards act, moral and punitive damages, reasonable notice, ROE, Severance pay, termination Leave a Comment

By Barry B. Fisher LL.B. | < 1 Minutes Read November 14, 2022

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.

Article by Barry B. Fisher LL.B. / Payroll / employment law, long term disability benefits, long term disability claims, reasonable notice, termination Leave a Comment

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