Resources: Employment
-
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 -
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.
Read More +
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..
Read More +
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….
Read More +
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.
Read More +
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.
Read More +
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.
Read More +
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.
Read More +
Handle with Care – Non-Competition Provision Results in Increased Notice Period