FAQ's Cases - Stewart McKelvey

Balogun v. Deloitte & Touche, LLP Page 12[45] There is no evidence in this case of any conduct that comes close to meetingthe test for either additional damages arising from the manner of dismissal orpunitive damages.[46] The plaintiff claims damages for certain benefits that he says he was entitledto under the contract, including a laptop computer, the cost of taking the in-depth taxcourse and the cost of taking the reciprocity exams. These are benefits thedefendant was required to provide under the contract for the purpose of allowing theplaintiff to do the job and enhancing his value to the employer. There is nothing inthe contract that can reasonably be interpreted as requiring these obligations tocontinue after the contract has been terminated.2011 BCSC 1314 (CanLII)[47] The plaintiff claims he is entitled to vacation pay. Section 58 of theEmployment Standards Act, R.S.B.C. 1996, c. 113 reads:58 (1) An employer must pay an employee the following amount of vacationpay:(a) after 5 calendar days of employment, at least 4% of the employee'stotal wages during the year of employment entitling the employee to thevacation pay;(b) after 5 consecutive years of employment, at least 6% of theemployee's total wages during the year of employment entitling theemployee to the vacation pay.(2) Vacation pay must be paid to an employee(a) at least 7 days before the beginning of the employee's annualvacation, or(b) on the employee's scheduled paydays, if(i) agreed in writing by the employer and the employee, or(ii) provided by the collective agreement.(3) Any vacation pay an employee is entitled to when the employmentterminates must be paid to the employee at the time set by section 18 forpaying wages.[48] The plaintiff’s last day of work was June 16, but he was paid for the followingtwo weeks when he was on vacation. The defendant therefore satisfied its vacationpay obligation.