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Wrongful Dismissal

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).

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 »

"After Acquired Cause"

Jurisdiction: - British Columbia

This is not a new paper but is a new addition to my WebSource. Michael A. Watt, of Alexander, Holburn, Beaudin & Lang, wrote a paper on "After Acquired Cause" for the Employment Law Conference (Continuing Legal Education Society of BC) in May 2005. 

The paper addresses the following issues: