Is severance pay for a dental assistant who was dismissed because she wanted to become a full time assistant?

British Columbia, Canada


The following excerpt is from Rachert v. Teligence (Canada) Ltd., 2011 BCPC 8 (CanLII):

Cox v. Robertson 1999 BCCA 640 is an earlier case which is referred to in Evans. The plaintiff was a dental assistant, aged 55, who had worked with the defendant dentist three days a week for 18 years when she was dismissed because the defendant wanted a full time assistant. She was given one month’s working notice. This was increased to the minimum required under the Employment Standards Act after the plaintiff requested 51 weeks severance pay. After the plaintiff commenced a lawsuit, the defendant offered to re-employ her as before until she found other employment.

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