Resources: Employment
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When Does Inter-Personal Conflict Become a “Significant Work-Related Stressor”?
July 2016
It is often difficult to determine whether personal harassment, rudeness or simple bad manners meets the threshold of a “significant work related stressor” potentially qualifying the target of such behaviour for Workers’ Compensation benefits.
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When Does Inter-Personal Conflict Become a “Significant Work-Related Stressor”? -
BC Court of Appeal grants 8 months of reasonable notice to 43-year old IT employee with 2.5 years of service: Munoz v. Sierra Systems Group Inc., 2016 BCCA 140
June 2016
Sierra Systems Group Inc. (“Sierra”) recruited Ruben Cuesta Munoz (“Cuesta”) to work as an IT specialist for its client, Goldcorp Inc. (“Goldcorp”). During the recruitment process, Sierra informed Cuesta that his employment would be long-term.
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BC Court of Appeal grants 8 months of reasonable notice to 43-year old IT employee with 2.5 years of service: Munoz v. Sierra Systems Group Inc., 2016 BCCA 140 -
Honesty is the Best Policy, Again – Antunes v. Limen Structures Ltd.
June 2016
For some time, the employment relationship has been held to a standard of good faith and fair dealing, at least in respect to the administration of the employment contract and especially upon termination of employment. Cases from the Supreme Court of Canada such as Wallace and Keays v. Honda have left the law of employment with a residual philosophy that fair dealing is expected of employers.
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Honesty is the Best Policy, Again – Antunes v. Limen Structures Ltd. -
Ontario Court Affirms “Family Status” Protection in the Workplace
May 2016
Family status discrimination, and the related obligation to accommodate family status, continues its trajectory of growth in the landscape of workplace legal relationships. Employers diminish the importance of employee obligations to family, especially children, at their peril.
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Ontario Court Affirms “Family Status” Protection in the Workplace -
Employee’s Damages Owed to Former Employer Significantly Reduced
May 2016
In Consbec Inc. v. Walker, 2016 BCCA 114, the B.C. Court of Appeal significantly reduced the amount of damages owed by Peter Walker to his former employer, Consbec Inc., and provided valuable insight into the steps which must be taken by employers in order to justify damages claims against former employees.
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Employee’s Damages Owed to Former Employer Significantly Reduced -
Back to Mitigation Basics: A Must-Read for Anyone Prosecuting or Defending a Wrongful Dismissal Action
May 2016
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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Back to Mitigation Basics: A Must-Read for Anyone Prosecuting or Defending a Wrongful Dismissal Action -
Trinity Western University Graduate “Religiously Harassed” and Denied Job due to Religious Beliefs
April 2016
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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Trinity Western University Graduate “Religiously Harassed” and Denied Job due to Religious Beliefs -
When Will Inadequate Performance Provide Just Cause to Dismiss a “Senior Manager”?
April 2016
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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When Will Inadequate Performance Provide Just Cause to Dismiss a “Senior Manager”? -
Employer’s Inaccurate Statement About Benefits Eligibility Results in Over $90,000 in Damages
April 2016
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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Employer’s Inaccurate Statement About Benefits Eligibility Results in Over $90,000 in Damages -
Possible Changes to Tax Treatment of Stock Options
March 2016
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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Possible Changes to Tax Treatment of Stock Options