Resources: Employment

  • The Inadvertent Dismissal: The Tale of an Administrative Suspension Growing Up to Become a Very Costly Constructive Dismissal

    July 2015

    by Drew DemerseMeaghan J. McWhinnie

    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

    by Julie Menten

    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

    by Danielle Scorda

    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

    by Julie Menten

    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

    by Ryan Copeland

    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

    by Thomas A. Roper K.C.Sarah Chamberlain (Dickson)

    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
  • Let’s Go Find the Wrong Person – The Costs of Terminating a Recruited Employee

    January 2015

    by Jennifer Hogan

    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.

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    Let’s Go Find the Wrong Person – The Costs of Terminating a Recruited Employee
  • “Physical Disability” Defined – A Critical Threshold Question

    January 2015

    by Michael Wagner

    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.

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    “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

    by Jennifer Devins

    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.

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    Establishing Undue Hardship Is Possible: Wilcox v. University of British Columbia and others, 2014 BCHRT 228