Can a plaintiff make a claim for vacation pay in a wrongful dismissal action?
British Columbia, Canada
The following excerpt is from Wells v. Patina Salons Ltd., 2003 BCSC 1731 (CanLII):
Thus, unless the plaintiff can show that it was a term of her employment contract that she receive vacation pay, she cannot make a claim for vacation pay in the context of this wrongful dismissal action. The evidence at trial was insufficient to establish that holiday pay was a term of the oral employment contract between the plaintiff and defendant. I note in passing that where the entitlement to vacation pay is a term of the contract, there is authority that an employee in a senior management position is not entitled to "bank" vacation pay over the years and demand payment on termination (Annett v. Electrohome Ltd., [1979] O.J. No. 57 (H.C.) (Q.L.). Reimbursement for Expenses
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