Resources: Employment
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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 -
Don’t Forget to Check Those Text Messages! After-acquired Cause Upheld for its “Criminal” Nature in Safety Sensitive Industry
June 2015
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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Don’t Forget to Check Those Text Messages! After-acquired Cause Upheld for its “Criminal” Nature in Safety Sensitive Industry -
Supreme Court of Canada Creates New Contract Law Duty: Duty of Honest Performance
March 2015
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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Supreme Court of Canada Creates New Contract Law Duty: Duty of Honest Performance -
Beware The Administrative Suspension with Pay! It May Result in a Successful Constructive Dismissal Claim
March 2015
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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Beware The Administrative Suspension with Pay! It May Result in a Successful Constructive Dismissal Claim -
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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Major Clarification in Law around Dismissal of Non-Union, Federally Regulated Employees: Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17 -
Drafting Employment Contracts: Avoiding Surprise and Liability
February 2015
If drafted properly, employment agreements can go a long way towards mitigating potential employer liability upon termination. However, if contracts are drafted poorly, or not drafted at all, employers may be left with nothing more than a false sense of security.
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Drafting Employment Contracts: Avoiding Surprise and Liability -
Being Clear about Contractual Rights and Obligations Benefits Employers
October 2015
A recent case out of Ontario demonstrates the importance of incorporating precise, unequivocal terms in an employment contract. In Kielb v. National Money Mart Co., 2015 ONSC 3790, the defendant employer successfully relied on clear contractual language in order to exclude the payment of a bonus at the time of termination of employment.
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Being Clear about Contractual Rights and Obligations Benefits Employers