Resources: Employment
-
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?
Read More +
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….
Read More +
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.
Read More +
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…
Read More +
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.
Read More +
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.
Read More +
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.
Read More +
Being Clear about Contractual Rights and Obligations Benefits Employers -
Let’s Go Find the Wrong Person – The Costs of Terminating a Recruited Employee
January 2015
In a recent decision, Rodgers v. CEVA, 2014 ONSC 6583, an Ontario employer paid a high price for terminating a senior employee who had been recruited with an attractive job offer.
Read More +
Let’s Go Find the Wrong Person – The Costs of Terminating a Recruited Employee -
“Physical Disability” Defined – A Critical Threshold Question
January 2015
Human rights statutes across Canada prohibit discrimination in employment on the basis of, among other things, “physical disability”. Sometimes it is clear that an employee is physically disabled, and entitled to statutory protection. However, there are other times when it is unclear if an employee’s medical circumstances fit the definition.
Read More +
“Physical Disability” Defined – A Critical Threshold Question -
Establishing Undue Hardship Is Possible: Wilcox v. University of British Columbia and others, 2014 BCHRT 228
December 2014
A recent decision of the B.C. Human Rights Tribunal, Wilcox v. University of British Columbia and others, 2014 BCHRT 228, demonstrates that undue hardship is not an impossible threshold to meet, even for a large and diverse employer such as a university.
Read More +
Establishing Undue Hardship Is Possible: Wilcox v. University of British Columbia and others, 2014 BCHRT 228