What is the test for claiming fringe benefits in the context of a notice of absence?
British Columbia, Canada
The following excerpt is from Leclair v Patel Pharma Inc., 2021 BCSC 1904 (CanLII):
With respect to benefits, a plaintiff must show on the evidence that they have suffered an out of pocket loss during the notice period. If a plaintiff fails to show that she has paid out or lost money by reason of the absence of fringe benefits, her claim cannot succeed: Wilks v. Moore Dry Kiln Co. of Canada, 32 B.C.L.R. 149, 1981 CanLII 597 (S.C.); Albert v. Conseil Scolaire Francophone de la Colombie- Britannique, 2006 BCSC 1539, aff’d 2009 BCCA 19.
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