Resources: Employment
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Non-Competition Provision Results in Increased Notice Period
November 2014
In the recent case of Ostrow v. Abacus Management Corporation Mergers and Acquisitions, 2014 BCSC 938, the B.C. Supreme Court followed an approach taken in a small handful of cases (predominantly out of Ontario but including an appellate case out of B.C.) and confirmed….
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Non-Competition Provision Results in Increased Notice Period -
Equal, not Better, Treatment: Accommodating Employees with Disabilities
November 2014
In Jardine v. Costco Wholesale Canada, 2014 BCHRT 214, the employer was able to accommodate an employee, while holding its ground on certain requests from the employee.
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Equal, not Better, Treatment: Accommodating Employees with Disabilities -
Disabled Employee Entitled to Equal Treatment, Not Better Treatment
October 2014
A recent case from the B.C. Human Rights Tribunal addressed the protections afforded to an employee who could no longer work at a full-time level on account of her disability. In particular, the issues of guaranteed hours of work and the right to full-time benefits were canvassed.
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Disabled Employee Entitled to Equal Treatment, Not Better Treatment -
Be Thorough, Thoughtful and Careful in the Accommodation Process: Rajigadu v. University of British Columbia (No. 3), 2014 BCHRT 157 (McCreary)
October 2014
Ron Rajigadu was employed as an electrician at the University of British Columbia (UBC). He filed a complaint with the B.C. Human Rights Tribunal, alleging that UBC discriminated against him on the basis of physical and mental disability by failing to accommodate him and terminating his employment.
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Be Thorough, Thoughtful and Careful in the Accommodation Process: Rajigadu v. University of British Columbia (No. 3), 2014 BCHRT 157 (McCreary) -
Handle with Care – Non-Competition Provision Results in Increased Notice Period
September 2014
Before incorporating a non-competition provision into an employee’s contract of employment or reminding a departing employee that a non-competition provision precludes the employee from competing and will be enforced against him or her, employers should carefully consider the value of proceeding in such a fashion and all of the ramifications.
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Handle with Care – Non-Competition Provision Results in Increased Notice Period -
Recent Decision from B.C. Court of Appeal Cautions Employees to Consider Skeletons in The Closet Before Suing for Wrongful Dismissal
August 2014
In a recent decision, Van den Boogaard v. Vancouver Pile Driving Ltd., 2014 BCCA 168, the B.C. Court of Appeal upheld the discharge of a senior manager who, in the period of time following his dismissal without cause, was discovered by the employer to have been soliciting illegal drugs from a subordinate employee.
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Recent Decision from B.C. Court of Appeal Cautions Employees to Consider Skeletons in The Closet Before Suing for Wrongful Dismissal -
And the Employee Said to the Employer: “You Can’t Touch This”
March 2014
On December 13, 2013, the Supreme Court of Canada (SCC) issued its decision in IBM Canada Ltd. v. Waterman, 2013 SCC 70, confirming that employers may not deduct earned pension benefits from wrongful dismissal damages.
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And the Employee Said to the Employer: “You Can’t Touch This” -
Employee’s Damages Reduced for Failure to Mitigate by Accepting Re-Employment
July 2014
Mr. Hooge was a mill worker for Gillwood Remanufacturing Ltd. (“Gillwood”), which owned and operated a mill in Chilliwack. He was originally hired in 1975 and worked his way up the ranks to the position of production supervisor. Hooge maintained that position through a series of ownership changes…
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Employee’s Damages Reduced for Failure to Mitigate by Accepting Re-Employment -
Be Reasonable When It Comes to Reasonable Notice: Kotecha v. Affinia Canada ULC, 2014 ONCA 411
July 2014
For 20 years, Niranjan Kotecha worked as a machine operator for Affinia Canada ULC, an auto parts manufacturer. In 2011, he was dismissed on a “without cause” basis and provided with 11 weeks of notice. Mr. Kotecha was 70 years old at the time of trial.
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Be Reasonable When It Comes to Reasonable Notice: Kotecha v. Affinia Canada ULC, 2014 ONCA 411 -
The Long and Difficult Road to Establish Just Cause for a Performance-Based Termination
June 2014
An employer that wants to dismiss an underperforming employee has two options: (1) terminate without cause and provide the applicable notice or pay in lieu; or (2) terminate with just cause and provide no notice or pay in lieu.
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The Long and Difficult Road to Establish Just Cause for a Performance-Based Termination