Skip to Content

Wrongful Dismissal

"Changing Employment Terms—Developments in Constructive Dismissal"

"Changing Employment Terms—Developments in Constructive Dismissal" is the title of a paper that Richard E. Press of Davis LLP in Vancouver, BC prepared for the Employment Law Conference held on May 2011 (Continuing Legal Education Society of British Columbia).

The Table of Contents is as follows:

  • Constructive Dismissal-The Basics
  • Responding to Repudiation of the Employment Agreement
  • Condoning Changed Terms.
  • Non-Legal Strategies to Have an Employee Accept Changed Terms

Manitoba court awards wrongfully dismissed employee solicitor-client costs and punitive damages

Jurisdiction: - Manitoba
Sector: - First Nations

The decision in Lounsbury v. Dakota Tipi First Nation, 2011 MBQB 96 is unique in that the court awarded the plaintiff former employee both solicitor client costs and punitive damages because of the defendant employer's conduct.

The court had previously awarded the former employee $143,000 in notice period damages.

Solicitor-Client Costs

As the court stated, solicitor-client costs are or special costs "are intended to more closely represent a party's actual legal costs" (para 41). In the case, the court awarded solicitor-client costs on two basis:  read more »