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Wallace & Bad Faith & Moral & Mental Distress Damages

Update on Wallace Damages and Express Notice Provisions in the Employment Contract

In Lane v. School District 68 (Nanaimo-Ladysmith), 2006 BCSC 129, the employee was dismissed without cause and was provided with 12 months severance as per her employment contract (para. 35).

Her claim for Wallace damages was denied on that basis that, inter alia, her employment contract contained an express term regarding her notice entitlement (para. 188). This decision was issued on January 26, 2006 and has not yet received any treatment.

In concluding that Wallace damages are not recoverable where there is an express notice provision, the court in Lane followed the decision of the PEI Court of Appeal in Barnard v. Testori America Corp., 2001 PESCAD 4. Other than in Lane, Barnard has not been treated on point.  read more »

Presentation: "Reference Letters"

I presented a paper on "Reference Letters" at the Employment Law Conference, Continuing Legal Education seminar that was held in Vancouver on May 11 and 12, 2006.

"The Hostile Workplace and Employer Liability"

A lawyer at Davis LLP has written a paper entitled "The Hostile Workplace and Employer Liability".

This very comprehensive paper, "examines some of the protections the British Columbia Courts have identified to address psychological harassment in the non-union workplace, including looking at the limits of those protections." Specifically, the author considers:

  1. claims in contract, and in particular, claims for constructive dismissal and consequential damages;
  2. claims in tort, and in particular the claim of tort in intentional infliction of mental suffering; and
  3. claims under statute, and in particular the availability of workers' compensation benefits for stress leave.

The paper also contains on overview of Quebec's psychological harassment provisions.

"Whistle Blowing in British Columbia: Nervous Reporting and Risky Reprisals"

Murray Tevlin and Calla Nestibo have written a paper, entitled, "Whistle Blowing in British Columbia: Nervous Reporting and Risky Reprisals" (February 2005). They are lawyers at TevlinGleadle Employment Law Strategies in Vancouver.

The authors state that "For the purposes of this paper, "whistle blowing" refers to employees informing authorities of suspected wrong-doing by his or her employer."

"Good Faith And The Individual Contract of Employment"

The Manitoba Law Reform Commission has published a report entitled, "Good Faith And The Individual Contract of Employment" (December 2001). The report"

...examines the remedies for wrongful dismissal before the [Supreme Court of Canada's decision in Wallacev. United Grain Growers Ltd., [1997] 3 S.C.R. 701] and alludes to the changing nature of the employment relationship. It describes the principles set out in Wallace in respect of bad faith dismissal and reviews the subsequent judicial interpretation and application of Wallace. Options for reform are then identified, followed by our recommendations for reform.