Resources: Employment
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Do You Speak My Language? Language Proficiency as a Potentially Unforeseen Human Rights Risk
December 2014
Many employers which have business operations that require a high and proficient level of communication struggle with the English language abilities of their employees.
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Do You Speak My Language? Language Proficiency as a Potentially Unforeseen Human Rights Risk -
Expensive Secret Telling: When Damages May Be Available for Breach of a Confidentiality Clause in a Settlement Agreement
November 2014
Employers often enter into settlements in order to avoid litigation. Sometimes, the confidentiality of the settlement is crucially important to the employer. While simple confidentiality clauses are often included in settlement terms and coupled with enforcement mechanisms (what happens if a breach occurs), it is uncommon to see cases that address..
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Expensive Secret Telling: When Damages May Be Available for Breach of a Confidentiality Clause in a Settlement Agreement -
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