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Notice Period

Supreme Court of Canada confirms that pension benefits should not be deducted from notice period damages

Sector: - High Tech

In IBM Canada Limited v. Waterman, 2013 SCC 70, the majority (7/2) of the Supreme Court of Canada confirmed that pension benefits should not be deducted from notice period damages. In doing so, the Supreme Court of Canada upheld the decisions of the BC Court of Appeal and the BC Supreme Court. My summary of the BC Supreme Court's ruling, which sets out the facts, can be found here.

In the majority ruling the Supreme Court of Canada summarized its ruling as follows:  read more »

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".

Gender bias in severance settlements, says UVIC professor Dr. Ken Thornicroft

Ken Thornicroft is a well known labour and employment law academic and adjudicator in BC.

He is currently a professor at the University of Victoria, Gustavson School of Business and a member of the BC Employment Standards Tribunal.

Recently he has been studying the issue of gender bias in negotiated  and wrongful dismissal severance awards, and presented a paper that touched on this topic at the CLEBC Employment Law Conference in 2011. That paper can be found here: "Appellate Review of "Reasonable Notice" Awards in Canada: 2000-2010".

On June 4, 2012, UVIC issued this news release concerning his research:

Gender Bias In Severance Settlements  read more »