Resources: 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.)
February 2016
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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The Value of Well-Drafted Employment Contracts: Oudin v. Le Centre Francophone de Toronto, 2015 ONSC 6494 (S.C.J.) -
Family Feud Leads to Damages for Wrongful Dismissal
February 2016
In TeBaerts v. Penta Builders Group Inc., 2015 BCSC 2008, the B.C. Supreme Court awarded nearly $94,000 in damages to a 32-year old project consultant and account manager after finding she was wrongfully dismissed by her employer, a family-run business.
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Family Feud Leads to Damages for Wrongful Dismissal -
Truth and reconciliation with First Nations Implications for employers
January 2016
The new federal government has said it will adopt all of the recommendations of the recently released Final Report of the Truth and Reconciliation Commission of Canada. This will impact employers in the private sector, particularly those working with natural resources. Employers will be required to ensure that jobs, training and opportunities are shared with First Nations communities.
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Truth and reconciliation with First Nations Implications for employers -
Dismissed employee justified in refusing offer of reemployment with same employer
January 2016
The B.C. Court of Appeal recently considered the extent of a dismissed employee’s obligation to accept re-employment with the same employer in order to satisfy the duty to mitigate damages flowing out of termination of employment.
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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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Domestic violence in the workplace – not just the NHL’s problem -
Is It Really Easier to Dismiss An Employee During His or Her Probationary Period?
October 2015
BC Supreme Court confirms the lower threshold for dismissing an employee without notice during their probationary period.
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Is It Really Easier to Dismiss An Employee During His or Her Probationary Period? -
Reducing Exposure to Aggravated Damages: Lessons from Dhatt v. Kal Tire Ltd.
September 2015
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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Reducing Exposure to Aggravated Damages: Lessons from Dhatt v. Kal Tire Ltd. -
The Duty to Accommodate Medical Marijuana in the Workplace
August 2015
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 Duty to Accommodate Medical Marijuana in the Workplace -
The Importance of Conducting Fair Workplace Investigations
August 2015
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
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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The Inadvertent Dismissal: The Tale of an Administrative Suspension Growing Up to Become a Very Costly Constructive Dismissal