Dismissed employee gets retrial of malicious prosecution claim

Employee awarded more than $100,000 for bad treatment in dismissal but employer also had him falsely charged with theft
By Ronald Minken
|Canadian Employment Law Today|Last Updated: 10/17/2012

Going from bad faith to worse

Wrongfuldismissals are something employer should try to avoid, both in principle and for practical reasons. Employees are entitled to a notice period, or pay in lieu of, commensurate with their service time and position, as well as other factors such as their age and difficulty of finding similar employment. If an employer fails to provide reasonable notice according to those factors, a court often will.

Additional damages on top of reasonable notice can be awarded if the employer acts in a particularly mean-spirited and bad-faith way in dismissing the employee. Aggravated, punitive and bad-faith damages — such as in the landmark Wallace and Keays decisions — can add a lot of cash on top of an employee’s notice entitlement. And perhaps one of the worst things an employer can do in terminating someone’s employment is to accuse the employee of an offence — such as theft — without real proof.