Resources: Employment
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You’re Fired! (But Not for the Reasons You Think)
March 2014
Can an employer rely on misconduct it discovers after terminating an employee to justify the termination? In the recent case of Campbell v. Harrigan Rentals and Equipment Ltd., 2013 BCSC 1813, the B.C. Supreme Court answered yes.
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A List of What Not to Do when Terminating an Older Employee
March 2014
In Price v. Top Line Roofing, 2013 BCHRT 306, Top Line laid off two of its oldest journeymen, Mr. Price, who was 53 and a colleague, who was in his 60s. Top Line informed Price and his colleague that they were laid off due to a shortage of work.
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Diligence an Essential Ingredient when Dismissing for Incompetence
March 2014
Firing for cause, particularly for incompetence, may seem to be a herculean feat for employers. Throw human rights considerations into the mix and it may seem impossible. The following case, however, shows that a combination of clear expectations and diligence can make the impossible possible.
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Wrongfully Dismissed Employee Entitled to Compensatory, Aggravated Special Damages for Employer’s Breach of Duty of Good Faith: Ogden v. Canadian Imperial Bank of Commerce
March 2014
This case involved an employee who was dismissed from employment when she allegedly contravened the employer’s Code of Conduct and Conflict of Interest Policy.
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A Cautionary Tale When Dismissing an Older Employee
February 2014
Aging and the lack of capacity to perform work can be inextricably linked but the dismissal of an older worker, even where there are performance concerns, must be handled with extreme care to avoid exposure to human rights complaints.
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Employee’s Damages Reduced for Failure to Mitigate by Accepting Re-employment
February 2014
Wrongfully dismissed employees generally have a duty to mitigate their damages by seeking and accepting comparable employment. In the right circumstances, that may also include a duty to accept re-employment with the very employer that dismissed them in the first place.
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Pension Benefits not Deductible from Wrongful Dismissal Damages, says Supreme Court of Canada
January 2014
Damages for wrongful dismissal are typically calculated so as to place dismissed employees in the position they would have been in but for the breach of contract. Accordingly, courts award dismissed employees damages equivalent to the pay and benefits they would have received in the proper notice period.
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2013 Ends with a Bang: $75,000 Award for Injury to Dignity Sets High Water Mark
January 2014
Kelly v. University of British Columbia (No. 4), 2013 BCHRT 302, was released on December 17, 2013. In it, the B.C. Human Rights Tribunal (the “Tribunal”) decided the appropriate remedy for the discrimination it had found in an earlier decision.
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