Terminated without notice; Employer sues worker in BC

By: 600011 On: Feb 2, 2024, 3:21 AM


The employer sued the employee for retiring without giving the notice required by the contracts. The case was heard by the BC Small Claims Tribunal. Two cases were considered. The tribunal rejected the employer's claims in both cases for the same reason, although the circumstances were different. The employer can sue for damages for breach of contract. But there must be evidence that the employee's termination caused the damages claimed by the employer.

John Fleming Insurance Agency had asked the tribunal to pay the company $3,000 in compensation after broker Davik Mehta resigned without notice in 2022. But tribunal member Christopher C Rivers said in the decision that whether Mehta breached the contract was ultimately irrelevant and the company had failed to prove its case.