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British Columbia

Employee's pornography viewing at work not linked to recognized disability; dismissal upheld by arbitrator

Jurisdiction: - British Columbia
Sector: - Health Care

Interior Health Authority (South Similkameen Health Centre) and Hospital Employees' Union, (R.P. Discharge) [2013] B.C.C.A.A.A. No. 44 (Kate Young)

Chief did not have actual or ostensible authority to bind Indian band to wrongful dismissal settlement agreement

Jurisdiction: - British Columbia
Sector: - First Nations

In Clayton v. Lower Nicola Indian Band, 2013 BCSC 162, the BC Supreme Court found, by way of a summary trial, that the then chief of the Lower Nicola Indian Band did not have actual or ostensible authority to bind the band to a wrongful dismissal settlement agreement with its former executive director.

In a previous reported decision involving these parties - Clayton v. Lower Nicola Indian Band, 2011 BCSC 525 - it was disclosed that the settlement agreement provided for a $100,000 payment to the former executive director, who had been in her position for just under two years (January 14, 2008 to January 8, 2010).

BC HR Tribunal awards $900 in costs against former employee who tried to resile from settlement agreement

Jurisdiction: - British Columbia

In Edwards v. Schnitzer Steel Pacific, 2012 BCHRT 335, the BC Human Rights Tribunal:

  • granted the employer's application to dismiss the former employee's human rights complaint under section 27(1)(d)(ii) of the BC Human Rights Code; and
  • awarded the employer $900 in costs due to the fact that the former employee had tried to resile from a settlement agreement that he had previously entered into, with the assistance of his lawyer, with the employer.

Jury awards mill manager $573,000 in punitive damages, reported to be largest award in Canada of its kind

Jurisdiction: - British Columbia
Sector: - Forestry

The Vancouver Sun reported on July 27, 2012 that a Prince George jury awarded a former mill manager $573,000 in punitive damages, the largest punitive damages award in Canada in a wrongful dismissal lawsuit.

You can read the story here:"Burns Lake sawmill manager wins major wrongful dismissal suit".