Can an employee who is wrongfully dismissed from his job sue for his salary or wages?

British Columbia, Canada


The following excerpt is from Philp v. Expo 86 Corp., 1987 CanLII 2476 (BC CA):

The matter was put as clearly as it can be by Brightman L.J. in Gunton v. Richmond (at p. 593): It is clear beyond argument that a wrongfully dismissed employee cannot sue for his salary or wages as such, but only for damages. It is also, in my view, equally clear that such an employee cannot assert that he still retains his employment under the contract. If a servant is dismissed and excluded from his employment, it is absurd to suppose that he still occupies the status of a servant. Quite plainly he does not. The relationship of master and servant has been broken, albeit wrongfully by one side alone. And later (at p. 594), he said, "So in the result the servant cannot sue in debt for his wages, which he is wrongfully deprived of the opportunity to earn …" That describes this case; the plaintiff sued in debt for his wages.

Other Questions


Does a common law husband of an employee who has been dismissed for wrongful dismissal have to sue the employer for damages? (British Columbia, Canada)
What is the obligation of a wrongfully-dismissed employee to mitigate loss by returning to work for the same employer? (British Columbia, Canada)
What is the test for wrongful dismissal when a plaintiff is in sales earning a base salary plus commission? (British Columbia, Canada)
What are the reasons why a plaintiff’s claims for wrongful dismissal were dismissed? (British Columbia, Canada)
Can an employer rely upon misconduct discovered after an employee has been dismissed to justify a summary dismissal? (British Columbia, Canada)
What is the range of damages for wrongful dismissal when an employee has been unemployed for 16 months? (British Columbia, Canada)
Is a bonus included in the calculation of damages for wrongfully dismissed employees? (British Columbia, Canada)
What is the effect of an employer's contact with an employee after the employee has been dismissed? (British Columbia, Canada)
If an employer loses trust in an employee as a result of an employer's orders, in the matter of substance being willfully disobeyed and met with insubordination, can an employer dismiss the employee? (British Columbia, Canada)
When determining just cause for dismissal of an employee, is the employee’s misconduct justified? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.