No damages if fired employee earns more than notice award: Court

Worker couldn't explain more than $85,000 deposited since firing; court ruled it was employment income
|Canadian Employment Law Today

A British Columbia man’s appeal for wrongful dismissal damages has been denied because he made more money during the notice period than he would have received in damages.

David Strauss won a wrongful dismissal decision against Albrico Services, a commercial and industrial insulation company, in 2007. However, though the B.C. Supreme Court found Strauss was entitled to 16 months’ notice, it ruled he wasn’t entitled to be paid in lieu of notice. This was because the Supreme Court found Strauss had earned more in the 16 months following his dismissal than he would have at Albrico, resulting in no loss on his part.

Strauss claimed he only made $28,000 with more than $3,000 in business expenses, significantly below the $91,200 he would have made with Albrico. However, his bank records showed he had deposited $85,900 in the first 12 months and earned $9,710 in the next four.