When an employer is accused of wrongfully dismissing an employee, there are different ways the employer may choose to respond. Recently, a British Columbia employer responded to such a claim by offering a denial.
The Northern B.C. Tourism Association was accused by its former chief executive officer of unfairly dismissing the man. The man filed his claim approximately four months after he stopped working for the employer. In his lawsuit he alleged that in letting him go, the NBCTA was guilty of breaching "duties of good faith, honesty and fair dealing."
Over a year before he was let go, the man was diagnosed with cancer and went on medical leave. Shortly before he was slated to return to work, he was told he no longer had his previous job. At that same time he was offered a different job. That job paid $30,000 less annually, before a bonus.
The man claimed that this course of action was a constructive dismissal.
The NBCTA responded to the claim stating that in addition to offering the man a different job, while he was unable to work, it paid the man his salary of $115,000, for all but six of the months he was away from work. In addition, the organization claimed the former employee tried to convince NBCTA board members that they should fold the business and provide severance packages to himself and the remaining staff. This request was denied as the organization was in the process of negotiation funding with another entity.
How this matter will be resolved remains to be seen. We will provide updates on this alleged wrongful termination case as they become available.