What is the quantum of damages for wrongful dismissal?

British Columbia, Canada


The following excerpt is from Matheson v. Canadian Freightways Ltd., 2003 BCSC 1728 (CanLII):

The fact of termination alone is not a wrong in law which attracts an award of damages. In order to assess damages the principal consideration is whether reasonable notice is given for the dismissal. A contract of employment does not have an indefinite existence and it may be terminated by either the employer or the employee. The employee is entitled to reasonable notice if no notice was agreed upon in the employment contract. In the absence of notice he is entitled to remuneration for the notice period. Vorvis v. Insurance Corporation of B.C. (1989), 1989 CanLII 93 (SCC), 25 C.C.E.L. 81 (S.C.C.) at 93 and 94.

Other Questions


Does a common law husband of an employee who has been dismissed for wrongful dismissal have to sue the employer for damages? (British Columbia, Canada)
What is the law on aggravated damages in the context of a wrongful dismissal claim? (British Columbia, Canada)
How have courts considered aggravated damages in wrongful dismissal cases? (British Columbia, Canada)
Is a bonus included in the calculation of damages for wrongfully dismissed employees? (British Columbia, Canada)
What is the legal test for damages for mental distress in a wrongful dismissal action? (British Columbia, Canada)
What are the legal principles applicable to a claim for aggravated damages in a wrongful dismissal case? (British Columbia, Canada)
What is the test for damages in a wrongful dismissal action? (British Columbia, Canada)
What is the range of damages for wrongful death in a wrongful death action? (British Columbia, Canada)
What are the reasons why a plaintiff’s claims for wrongful dismissal were dismissed? (British Columbia, Canada)
What is the range of damages for wrongful dismissal when an employee has been unemployed for 16 months? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.