Employer Retaliation, Denied Severance and Personal Injury Cases That Paid
Each month, Spraggs Law publishes Vancouver Legal News, a curated selection of articles about legal issues discussed in the news. This month, we’re covering three employment-related cases in BC, including a man who was denied severance pay, an employer who was found liable for discrimination and a company that accused employees of time theft and lost all three cases. We also cover four different personal injury cases in BC that resulted in damages awarded to plaintiffs, including one precarious case whereby the plaintiff’s credibility came into question.
Recent Cases Involving Severance Pay, Discrimination and Retaliation
Denied severance for more reasons than one
The British Columbia Supreme Court has declined a worker’s claim for severance pay due to the nature of the worker’s “elect to work” contract, the timing of the claim, and the worker’s failure to pursue proper procedural requirements. The court’s decision underscores the importance of clear communication, documentation, “the complexities surrounding temporary work arrangements,” and following the appropriate legal requirements for work-related claims.
Hiring practices found guilty of systemic bias and discrimination
The Independent Investigations Office (IIO), which rescinded a job offer for a British Columbia Indigenous woman, has been found liable for discrimination by the BC Human Rights Tribunal. An investigation revealed that the IIO’s actions were rooted in systemic bias, leading to the woman being denied employment opportunities due to her Indigenous identity. As a result of the ruling, the IIO has been ordered to compensate the Metis woman approximately $52,000 in lost wages and injury to dignity, feelings and self-respect. This case highlights ongoing issues of discrimination in hiring practices against Indigenous individuals in Canada.
Time theft accusations against employees deemed vindictive
A BC trucking company that sought to reclaim wages from three former drivers accused of “time theft” was denied in a recent ruling by the province’s Civil Resolution Tribunal. The company sought over $13,000, claiming the drivers falsified hours, but the tribunal found no evidence of dishonesty. Instead, it ruled that the drivers’ recorded hours were accurate and that the accusations stemmed from retaliation related to their overtime complaints. This case highlights ongoing debates around time theft and employer monitoring practices.
Recent Personal Injury Cases and Payouts
Significant payout for compromising surgeon’s earning capacity
A Burnaby eye surgeon was awarded $64 million after a 2017 car accident significantly impacted her career. The surgeon sustained injuries when she was rear-ended while stopped at a red light on March 30th, 2017. The BC Supreme Court found the defendants fully at fault, recognizing the victim’s ongoing injuries and a resultant reduction in her practice. The judgment included compensation for lost earnings, future income potential, pain and suffering, and care costs. This case highlights the broader implications of personal injury claims before May 2021 and the province’s introduction of a no-fault insurance system.
Reduced award due to not taking steps to mitigate her condition
In a recent ruling, the British Columbia Supreme Court awarded $142,500 in damages to a plaintiff who sustained chronic pain and mental health issues following a car accident. The accident occurred when the plaintiff was 27 years old and riding in the passenger seat of a vehicle that was rear-ended while stopped at an intersection. Evidence revealed how injuries sustained from the accident either caused or aggravated the plaintiff’s medical conditions. The court considered extensive medical evidence and testimonies detailing the plaintiff’s ongoing struggles, including limitations in daily activities and work capacity. Still, the court deducted 25% from the damages awarded due to the plaintiff’s failure to take steps to “mitigate her condition.”
Surveillance footage raises questions about the plaintiff’s claims
The BC Supreme Court has awarded $400,866 in damages to a plaintiff injured in a 2019 Port Coquitlam collision despite the plaintiff’s questionable credibility and pre-existing health conditions. While the court was presented with video evidence contradicting the plaintiff’s “claimed limitations,” after careful assessment, the court awarded the plaintiff for damages including pain and suffering, cost of personal care, and reduced capacity to work, resulting in future loss of earning capacity. The case highlights the court’s willingness to grant compensation even when challenges to a claimant’s credibility exist, focusing on the overall evidence presented.
The plaintiff sought over a million dollars in damages but was awarded $140,000
The BC Supreme Court awarded reduced damages to a plaintiff involved in two motor vehicle accidents. The plaintiff initially sought substantial compensation for injuries and losses. The court assessed the impact of both incidents on the plaintiff’s life. After considering factors such as the severity of injuries and the plaintiff’s pre-existing conditions, the court concluded that the total damages awarded should be lower than requested. The decision highlights the court’s careful evaluation of evidence and circumstances surrounding multiple accidents in determining appropriate compensation.
What Do You Think?
What do you think about these updates affecting citizens, employers, and employees across Canada? If you have questions about employment law, estate law, business law, personal injury or harassment laws for our team at Spraggs Law, we’d love to hear from you. Contact one of our lawyers in Vancouver today.
Please note: This article does not contain legal advice. If you would like advice on your specific situation, please contact Spraggs Law.
