WestlawNext Canada insight Blog

Dismissal and Employment Law Digest | Trust and confidence

An employee did not fail to mitigate her damages by rejecting offers of re-employment from her employer, who had eroded the employee’s trust and confidence due to its inappropriate behaviour

 

Dismissal and Employment Law Digest



By: Howard A. Levitt ; Editor: Stephanie Wiebe



Plaintiff employee worked for defendant employer as registered dental technician assistant for 8.5 years — Employee came under significant stress and took medical leave of absence — When employee was ready to return to work she was laid off because of insufficient work — Employee brought action for damages for wrongful dismissal — Employer offered to re-employ employee number of times but she refused to accept offers — Trial judge concluded that there were no barriers to employee accepting offers of re-employment and that acceptance would have been reasonable in circumstances — Trial judge found that employee failed to mitigate damages — Employee was awarded damages for two-month period from when she was laid off to when she was first offered re-employment — Employee appealed — Appeal allowed — Trial judge erred in respect to mitigation issue — Trial judge erred in law in treatment of offers as offers of whole re-employment — Trial judge failed to accord significance to incomplete nature of offers — Trial judge erred in finding that any gaps in entitlement to pay were of no consequence for purposes of assessing reasonableness of employee’s refusal to return to her former employment — Trial judge failed to reflect intangible element of mutuality of trust inherent in employment relationship — Employee’s trust of employer had been eroded by employer’s actions — In circumstances, employee was not unreasonable in not returning to position — Employee did not fail to mitigate damages. Fredrickson v. Newtech Dental Laboratory Inc. (2015), 256 A.C.W.S. (3d) 342, 2015 CarswellBC 2272, 2015 BCCA 357 (B.C. C.A.)

Read more on why evidence of impairment is found insufficient to support conviction for impaired driving

View the Complete Sample Newsletter

Download PDF


Try the CriminalSource Free Trial for access to Canadian Criminal Law Cases

Try a 14-day trial 

Sign Up Now

© Copyright Westlaw Canada, Thomson Reuters Canada Limited. All rights reserved.