Resources: Employment

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.

Read More +

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).

Read More +

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.

Read More +

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.

Read More +

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.

Read More +

Family Feud Leads to Damages for Wrongful Dismissal

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.

Read More +

Truth and reconciliation with First Nations Implications for employers

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.

Read More +

Dismissed employee justified in refusing offer of reemployment with same employer

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.

Read More +

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

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.”

Read More +

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

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

Read More +