Can an employer terminate an employee for refusing to accept a raise if the employee takes the position that unless he receives a raise by a certain date?
British Columbia, Canada
The following excerpt is from Crasmariu v. West Van Florist Ltd., 2006 BCPC 291 (CanLII):
The situation is similar in the other authority relied on by the Defendant. In Gould v. Hermes Electronics Ltd. [1978] N.S.J. No. 770 (Nova Scotia Supreme Court, Cowan, C.J.T.D.), the court specifically found on the evidence the employee took the position that unless he received a raise by a certain date, he would not perform the duties his contract of employment required. The employee had no right to demand the raise and his refusal to comply with his employment obligations without a raise amounted to a repudiation by the employee. The employer gave the employee the opportunity to withdraw his repudiation but the employee refused to do so. As a result, the employer accepted it and terminated the employee. The court also went on to find the employer had just cause for the dismissal.
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