Dear Friends:

 

I`m looking at cases where employers have been sued by employees for damages resulting from the manner of their discharge.  Canadian courts have a tendency to award damages (or extend the notice period) where the discharge is unduly harsh.

 

Obviously these cases involve claims that the employer just up and fired the employee without proper notice.

 

I`m especially intrigued by a passage in a BC opinion in which the court says:

 

“It is quite logical to imply that the parties to such a contract would, if they turned their minds to the issue, mutually agree that they would take steps to protect each other from harm…”  Deildal v. Tod Mountain (1997) 91 B.C.A.C. 215, para. 77.

 

I`m not sure that most employees do think that way.  I see the cases as running largely one way:  Employees suing employers for “bad faith” in the manner of discharge.  I`m being a bit lazy here, but I`m curious to know if anyone has come across a case wherein the employer sues the employee for just walking out.  I`m looking for cases where employers sue (and recover) in situations where the employee just walks out the door or stops showing up for work.

 

My guess is that most employers don’t think it worth the time, but that’s why I assume the statement of the court isn’t quite true.  I don’t think most employees, “if they turned their mind to it” would agree that they have a duty to protect their employer from harm.  I think in most cases they do think that they have a right to walk off the job without consequences, especially where they find a better job or where they are unhappy.

 

Any thoughts or ideas would be appreciated.

 

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Matthew P. Harrington

Professeur

Faculté de droit

Université de Montréal

Montréal, Québec

514.343.6105

matthew.p.harrington@umontreal.ca

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