• First Reference
  • About us
  • Contact us
  • Blog Signup 📨

First Reference Talks

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

  • Home
  • About
  • Archives
  • Conference
  • Resources
  • Buy Policies
You are here: Home / Payroll / BCSC says that CERB is deductible from wrongful dismissal damages

By Barry B. Fisher LL.B. | < 1 Minutes Read May 16, 2022

BCSC says that CERB is deductible from wrongful dismissal damages

CERB

In Reotech Construction Ltd. v. Snider, BCSC 317, Justice Fleming, sitting on appeal from a decision of the Provincial Court, found that the trial judge erred when the Court failed to deduct the $9,000 CERB payment received by the Plaintiff from the damage award.

The Court referred to the following factors in making this decision:

  1. CERB was not private insurance nor did the Plaintiff contribute (unlike EI where the employee pays part of the premium).
  2. here was no obligation under the CERB legislation whereby the Plaintiff would be required to repay CERB (again unlike EI).
  3. As such, the application of the collateral benefit rule did not apply.
  4. CERB was designed to be a indemnification against wage loss and to not deduct it from the award would put the Plaintiff a better position than had the contract not been breached by failing to pay reasonable notice.
  • About
  • Latest Posts
Barry B. Fisher LL.B.
Barry B. Fisher, LL.B., is a mediator and arbitrator of both employment and labour relations matters. He offers three forms of ADR based on clients’ needs: Mediation, Arbitration and Med/Arb. Barry is from the evaluative school of mediation and brings his over 30 years' experience as an employment lawyer and legal author to the dispute. In addition to his knowledge of the legal issues involved in these disputes, he also has a deep understanding of the psychological factors that motivate both employees and employers. By combining these two skills, Barry is able to achieve a settlement rate of over 80% of the disputes that he mediates.
Latest posts by Barry B. Fisher LL.B. (see all)
  • Alleging theft irresponsibly leads to $15,000 aggravated damages - June 20, 2022
  • Another case upholds CERB as a reduction of wrongful dismissal damages - May 16, 2022
  • BCSC says that CERB is deductible from wrongful dismissal damages - May 16, 2022

Article by Barry B. Fisher LL.B. / Employment Standards, Payroll / Canada Emergency Response Benefit CERB, employment insurance benefits, employment law, reasonable notice, termination, wage loss, wrongful dismissal, wrongful dismissal damages Leave a Comment

Share with a friend or colleague

Get the Latest Posts in your Inbox for Free!

About Barry B. Fisher LL.B.

Barry B. Fisher, LL.B., is a mediator and arbitrator of both employment and labour relations matters. He offers three forms of ADR based on clients’ needs: Mediation, Arbitration and Med/Arb. Barry is from the evaluative school of mediation and brings his over 30 years' experience as an employment lawyer and legal author to the dispute. In addition to his knowledge of the legal issues involved in these disputes, he also has a deep understanding of the psychological factors that motivate both employees and employers. By combining these two skills, Barry is able to achieve a settlement rate of over 80% of the disputes that he mediates.

Reader Interactions

Leave a Reply

Your email address will not be published. Required fields are marked *

Footer

About us

Established in 1995, First Reference is the leading publisher of up to date, practical and authoritative HR compliance and policy databases that are essential to ensure organizations meet their due diligence and duty of care requirements.

First Reference Talks

  • Home
  • About
  • Archives
  • Conference
  • Resources
  • Buy Policies

Main Menu

  • About First Reference
  • Resources
  • Contact us
  • 1 800 750 8175

Stay Connected

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

We welcome your comments on our blog articles. However, we do not respond to specific legal questions in this space.
We do not provide any form of legal advice or legal opinion. Please consult a lawyer in your jurisdiction or try one of our products.


Copyright © 2009 - 2022 · First Reference Inc. · All Rights Reserved
Legal and Copyright Notices · Publisher's Disclaimer · Privacy Policy · Accessibility Policy