Resources: Employment

Back to Mitigation Basics: A Must-Read for Anyone Prosecuting or Defending a Wrongful Dismissal Action

In the recent case of Steinebach v. Clean Energy Compression Corp., 2016 BCCA 112, the B.C. Court of Appeal provided an excellent overview of first principles when it comes to an employee’s duty to take reasonable steps in mitigation of damage or loss flowing out of termination of employment.

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Trinity Western University Graduate “Religiously Harassed” and Denied Job due to Religious Beliefs

In Paquette v. Amaruk Wilderness and another (No. 4), a Trinity Western University (“TWU”) graduate was awarded over $8,500 by the B.C.H.R.T because of a company’s refusal to hire her due, in part, to her religious beliefs. The employer, Amaruk Wilderness, didn’t agree with some of the beliefs contained in TWU’s “Community Covenant”. Amaruk made its disagreement clear in a series of e-mail messages to Ms. Paquette and its actions were found to be discriminatory.

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When Will Inadequate Performance Provide Just Cause to Dismiss a “Senior Manager”?

An Ontario court recently awarded a dismissed employee wrongful dismissal damages in spite of findings to the effect that the high-level employee had persistently failed to satisfy the employer’s reasonable performance standards and had also been provided with repeated warnings and resources to assist him in meeting those standards.

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Employer’s Inaccurate Statement About Benefits Eligibility Results in Over $90,000 in Damages

In Feldstein v. 364 Northern Development Corp., [2016] B.C.J. No. 128 (S.C.), a misstatement by a manager regarding eligibility requirements for long-term disability (LTD) benefits was found to be negligent and the employer (“364”) was required to pay an employee who relied on that misstatement over $90,000 in damages.

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Possible Changes to Tax Treatment of Stock Options

A stock option plan provides an employee of a corporation with the right to purchase shares of the corporation at a pre-determined exercise price. To the extent the stock option is exercised and the exercise price is less than the fair market value of the share at the time of exercise, the employee realizes an employment benefit.

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Doctor Who? Complainant Cannot Generally Rely on Self-Diagnosis When Trying to Establish an Invisible Disability

A recent decision of the B.C. Human Rights Tribunal, Cummings v. Nenan Dane Zaa Deh Zona Family Services Society, demonstrates that a complainant cannot rely as a general matter on a self-diagnosis when trying to establish a mental disability or a disability that is not self-evident. Objective, credible medical evidence is generally required.

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Aggravated Damages in Wrongful Dismissal Claims

Two recent B.C. court cases illustrate the type of evidence employees will need to produce to establish a claim for aggravated damages related to the termination of their employment.

In Honda Canada Inc. v. Keays, the Supreme Court of Canada affirmed the ability of employees to seek aggravated damages in addition to pay in lieu of termination notice (common law or contractual).

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Ex-CEO Ordered to Repay $1.2 million in Severance and Disgorge Profits: Imperial Parking Canada Corporation v. Anderson, 2015 BCSC 2221

The British Columbia Supreme Court recently ordered a former Imperial Parking Canada Corporation (“Impark”) CEO to repay over $1.2 million in severance and to disgorge fees earned from and profits earned by his new company as a result of a breach of his fiduciary duties. The judgment provides a cautionary tale to those who would ignore their fiduciary obligations.

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Fixed-Term Contract Signed After Several Years of Regular Employment is Enforceable

In a recent case, Riskie v. Sony of Canada Ltd., 2015 ONSC 5859, an Ontario court considered whether an employee was owed reasonable notice for the entire length of his 26 years of employment when the employer did not renew a fixed-term contract signed in his last year of employment.

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The Value of Well-Drafted Employment Contracts: Oudin v. Le Centre Francophone de Toronto, 2015 ONSC 6494 (S.C.J.)

Employers often enter into written employment contracts with employees in an effort to define and minimize liability for notice and severance obligations on termination without cause. Parties are precluded, however, from “contracting out” of employment standards minimum protections. Employment contracts that purport to provide employees with less than minimum standard notice or severance are not enforceable.

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