Tag: good faith and fair dealing

Extraordinary damages not automatic in ‘cause’ cases

by Keri Bennett In Canada, courts can award two extraordinary forms of damages in a wrongful dismissal action: aggravated damages or punitive damages. In a wrongful dismissal action, employees who are terminated for cause often claim that they should be awarded aggravated and/or punitive damages in addition to reasonable notice damages. In a recent decision […]

Case signals lower threshold for mental distress when cause allegation fails

By Thora Sigurdson The British Columbia Supreme Court recently awarded damages for mental distress in the context of a termination for cause. The decision in George v. Cowichan Tribes signals that it may be easier to establish such a claim when there is a just cause allegation that fails, compared with terminations without cause. It […]