On May 28, 2021, the British Columbia Supreme Court (Court) released its decision in Hogan v. 1187938 B.C. Ltd., finding that the plaintiff had been constructively dismissed after being temporarily laid off at the outset of the COVID-19 pandemic by the defendant, which operated a car dealership (Dealership). The plaintiff was laid off on March…
Practice Area: Litigation - Wrongful & Unjust Dismissals
Danika L. Winkel
Danika represents a broad range of public- and private-sector employers—both small and large—in trials, hearings, motions, applications, judicial reviews and appeals. In addition to that work, she provides proactive, day-to-day advice to help employers avoid litigation.
Wrongful & Unjust Dismissals
Understanding and navigating issues that arise upon the termination of an employment relationship is no simple matter – particularly with ongoing changes in employment standards legislation, complex human rights issues and advances in technology.
On behalf of universities, successfully defended wrongful dismissal and constructive dismissal claims by senior administration alleging harassment and systemic discrimination.
On behalf of universities, successfully defended wrongful dismissal and constructive dismissal claims by senior administration alleging harassment and systemic discrimination.
Represented a program delivery company in an unjust dismissal complaint. Successfully asserted preliminary objection to adjudicator’s jurisdiction based on the complainant’s status as an independent contractor.
Represented a program delivery company in an unjust dismissal complaint. Successfully asserted preliminary objection to adjudicator’s jurisdiction based on the complainant’s status as an independent contractor.
Successfully defended an employer at a wrongful dismissal trial, resulting in the court dismissing the employee’s action.
Successfully defended an employer at a wrongful dismissal trial, resulting in the court dismissing the employee’s action.
Successfully represented a membership association on a motion to enforce a settlement of a wrongful dismissal action.
Successfully represented a membership association on a motion to enforce a settlement of a wrongful dismissal action.
Ongoing representation to large financial institutions in wrongful dismissal and disability litigation.
Ongoing representation to large financial institutions in wrongful dismissal and disability litigation.
Successfully defended a financial institution in a wrongful dismissal action.
Successfully defended a financial institution in a wrongful dismissal action.
Successfully argued for the early dismissal of an unjust dismissal complaint under the Canada Labour Code for a major financial institution.
Successfully argued for the early dismissal of an unjust dismissal complaint under the Canada Labour Code for a major financial institution.