Skip to Content

Banking & Financial Services

Maternity policy that would have been operative during working notice period relied on to reduce damages award

In Wilson v. UBS Securities Canada Inc., 2005 BCSC 563, a 37 year old trader with 14.5 years of service was awarded 12 months notice.

However, because the employee was pregnant when dismissed, the court ruled that the company's paid maternity leave policy must be considered when assessing the employee's damages. Pursuant to the maternity leave policy, the employee would have earned less income than if she had continued working. In this regard, the employee's damages were reduced.  

Common employer doctrine allows employer to unilaterally assign employment contracts to related company

Jurisdiction: - British Columbia

Valley First Financial Services Ltd. v. Trach, Kanester and Willis, 2003 BCSC 223

(Note: the same proposition is set out by the Alberta Court of Queen's Bench in  Patillo v. Murphy Canada Exploration Ltd., 2001 ABQB 1070)