Resources: Employment

  • Domestic violence in the workplace – not just the NHL’s problem

    December 2015

    Sadly, it is far too common that we hear of news headlines involving professional athletes charged or convicted of assaulting their partners or spouses, e.g. “Kings Defenseman Voynov Suspended Indefinitely”, and “TSN Analyst Aaron Ward Arrested.”

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  • Is It Really Easier to Dismiss An Employee During His or Her Probationary Period?

    October 2015

    by Danny Bernstein

    BC Supreme Court confirms the lower threshold for dismissing an employee without notice during their probationary period.

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  • Reducing Exposure to Aggravated Damages: Lessons from Dhatt v. Kal Tire Ltd.

    September 2015

    by Brandon Hillis

    A recent decision of the BC Supreme Court provides valuable insight into the manner in which aggravated damages will be awarded to employees, and reinforces the significance of conducting thorough investigations before terminating an employee for cause.

     

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  • The Duty to Accommodate Medical Marijuana in the Workplace

    August 2015

    by Brandon Hillis

    Across North America, attitudes towards marijuana use, both recreational and medical, are changing quickly. To the south of our border, several U.S. states, including Washington, Colorado, Alaska and Oregon, have legalized the recreational use of cannabis.

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  • The Importance of Conducting Fair Workplace Investigations

    August 2015

    by Gregory J. HeywoodBrandon Hillis

    The use of workplace investigations in situations where employees are dismissed for just cause has received considerable attention from the courts in recent years, with the decision of the British Columbia Supreme Court in Vernon v. British Columbia, in which the Court was highly critical of the manner..

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  • The Inadvertent Dismissal: The Tale of an Administrative Suspension Growing Up to Become a Very Costly Constructive Dismissal

    July 2015

    by Drew DemerseMeaghan J. McWhinnie

    Employers often use an administrative suspension as a tool for removing an employee from the workplace during the course of an investigation. But does doing so amount to a constructive dismissal?

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  • Don’t Forget to Check Those Text Messages! After-acquired Cause Upheld for its “Criminal” Nature in Safety Sensitive Industry

    June 2015

    by Julie Menten

    In Van den Boogaard v. Vancouver Pile Driving Ltd., 2014 BCCA168, the B.C. Court of Appeal unanimously affirmed that a supervisor’s conduct of procuring drugs from an employee under his/her supervision will support a finding of just cause, even when the employer discovers the misconduct after….

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  • Supreme Court of Canada Creates New Contract Law Duty: Duty of Honest Performance

    March 2015

    by Danielle Scorda

    In another recent decision of the SCC, Bhasin v Hrynew, 2014 SCC 71, the Court recognized a new common law contractual duty: the duty of honest performance.

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  • Beware The Administrative Suspension with Pay! It May Result in a Successful Constructive Dismissal Claim

    March 2015

    by Julie Menten

    In a recent decision of the Supreme Court of Canada – Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10 – the majority concluded that where the terms of an employment contract do not include the authority to place an employee on administrative suspension and…

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  • Major Clarification in Law around Dismissal of Non-Union, Federally Regulated Employees: Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17

    March 2015

    The Federal Court of Appeal recently clarified that without cause dismissals of employees covered by the Canada Labour Code (the “Canada Code”), such as those working in banking, broadcasting, telecommunications and the railways, are not automatically “unjust” simply by virtue of the fact that no cause is asserted.

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