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ARTICLE · 10 JULY 2013

No Double Recovery By Employee

McCarthy Tétrault
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A British Columbia employer has won a case to avoid double recovery of Employment Standards and wrongful dismissal damages.

CanadaEmployment and HR
Donovan Plomp
Donovan Plomp
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Employment Standards Damages Deducted from Wrongful Dismissal Damages

A British Columbia employer has won a case to avoid double recovery of Employment Standards and wrongful dismissal damages.  The decision in Roy v. Metasoft Systems Inc. is another piece of good news for employers to go with our recent post about the BC Human Rights Tribunal helping to discourage forum hopping.

Ms. Roy was a software sales associate.  She complained to her employer about not getting all the commissions she thought she had earned.  She threatened to file a complaint for unpaid wages with the Employment Standards Branch.  The employment relationship went downhill from there and her employment was terminated about five months later.  She found comparable new employment about seven months after that.

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