Wrongful dismissal? Yes. Damages? No

Forestry worker was wrongfully dismissed but she waived entitlement to damages by signing up for government funding
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 10/03/2012

Waving goodbye and waiving entitlement

Employers have to be careful in handling incidents of harassment and workplace violence. If they don’t take the proper steps in dealing with the situation and the victimized employee doesn’t feel comfortable at work, there could be some legal trouble. Also, the employer also has to take into consideration when layoffs or reassignments are in play that could be perceived as a reprisal for the complaint.

However, if employees are pursuing a wrongful or constructive dismissal suit, they’re not helping their quest for damages if they sign an agreement waiving their right to such damages, as one British Columbia employee did in order to get government funding.