Wrongful Dismissal in British Columbia Explained
Losing your job can be one of the most stressful experiences in life, especially when it happens unexpectedly. If you suspect your employer let you go unfairly, you may be dealing with wrongful dismissal (also called wrongful termination). Many employees in British Columbia are uncertain about whether their dismissal was lawful, how much notice or severance they should have received, or whether they have grounds for a legal claim.
This article explains wrongful dismissal in British Columbia, outlines your rights under the law, and provides guidance on what steps you can take if you believe your termination was improper.
What Is Wrongful Dismissal?
In British Columbia, wrongful dismissal occurs when an employer ends an employee’s job without providing proper notice, severance pay, or a valid legal reason. While employers generally have the right to terminate employment, they must comply with at least the minimum protections in BC’s Employment Standards Act (ESA) and with common law principles established by the courts, which often provide greater entitlements than the ESA minimums.
A wrongful dismissal claim often arises when:
- An employee is fired without adequate notice or pay in lieu of notice
- An employee is dismissed for “cause” without the employer having legitimate grounds
- The termination violates the terms of the employment contract or workplace policies
Essentially, wrongful dismissal does not always mean your employer had no reason to end your job; it means the termination was handled unfairly or unlawfully.
Unjust and Unjustified Termination
While “unjust dismissal” is a formal concept under the federal Canada Labour Code, it does not apply to most provincially regulated BC employees. However, BC courts often refer to unreasonable, unfair, or bad-faith dismissals when evaluating an employer’s conduct under common law.
For example, dismissing a long-term employee without any performance review, or without giving them the chance to respond to allegations, may amount to an unjustified or bad-faith termination and increase the damages owed.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Being let go without proper notice or compensation can leave employees feeling powerless, but you may have more rights than you realize. Before accepting a termination, speak to a lawyer to understand your entitlements and ensure your rights are fully protected.”
Improper Termination in the Workplace
An improper termination can occur when an employer ignores both contractual obligations and statutory requirements.
Examples include:
- Firing an employee who recently requested medical leave
- Letting go of a worker in retaliation for raising a safety or ethical concern
- Terminating employment without conducting a proper investigation into alleged misconduct
These situations not only cause financial hardship but may also expose the employer to liability for damages.
Case Law Examples from British Columbia
Here are recent BC decisions that help illustrate how courts treat wrongful dismissal or similar claims. These build both legal precedent and practical understanding.
- Hoem v. Macquarie Energy Canada Ltd., 2025 BCSC 446: The court held that even though the employee was dismissed “without cause,” the employer could not later establish “after-acquired cause” (i.e., discovering misconduct after termination) sufficient to justify reducing obligations. The termination clause in the contract was found unenforceable in key respects (notably concerning commission compensation), and the employee was awarded 19 months’ pay plus relevant commission and aggravated damages.
- Nunez-Shular v. Osoyoos Indian Band, 2025 BCSC 491: A long-term employee returned from a medical leave only to find their position replaced. Although a “return to work” had been promised in a graduated way, the employer treated her demotion to a different, less responsible role as a fundamental change. The Court found that she was wrongfully dismissed (constructive dismissal) and awarded 24 months’ pay, along with aggravated damages for bad faith and psychological injury.
These cases reinforce that courts will look at how the termination was handled (process, honesty, fairness), not just the reason given, when considering wrongful or improper dismissal of employment.
What to Do if You Suspect Wrongful Dismissal
If you believe you’ve been wrongfully dismissed, consider taking the following steps:
- Document everything, keep termination letters, emails, contracts, medical leave notices, performance reviews, and pay records.
- Avoid signing release or waiver agreements until you have legal advice. Employers sometimes ask terminated employees to waive rights in exchange for severance.
- Seek legal advice promptly, as there are time limits under the ESA for statutory claims and limitation periods for common law claims.
How a Lawyer Can Help
An employment lawyer can provide critical support if you are dealing with wrongful dismissal. They can:
- Assess whether your termination was wrongful, unlawful, or carried out in bad faith
- Calculate how much notice or severance you may be owed under both statutory and common law obligations
- Represent you in negotiations with your employer
- Pursue minimum ESA entitlements through the Employment Standards Branch or bring a wrongful dismissal claim in the BC Supreme Court for full common law damages
Having legal guidance ensures your rights are protected and that you do not settle for less than what the law entitles you to.
In Summary
Experiencing wrongful dismissal can be overwhelming. Whether you are facing wrongful dismissal, unlawful dismissal, or an improper termination, British Columbia law offers protections to ensure you are treated fairly. Recent case law shows that how you are dismissed matters just as much as why.
If you suspect your dismissal was handled improperly, get legal advice as soon as possible to understand your options, your rights, and the best path forward.
Need Legal Advice About Wrongful Dismissal?
Contact Achkar Law today. At Achkar Law, we understand the complexities of employment law in British Columbia. Whether you’re facing challenges related to wrongful dismissal or need clarity on your rights, our team is here to help.
Call toll-free: 1-800-771-7882 | Email: [email protected]
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©
Workplace Law Topics: Termination and Severance Pay, Wrongful Dismissal, Constructive Dismissal, Termination for Cause