Resources
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Dishonesty is Not the Best Policy: Employees Have the Obligation to Always be Honest with Their Employer
April 2017
Dishonesty on the part of an employee casts a dark shadow on the employment relationship and may throw the ongoing viability of that relationship into serious question, especially if the dishonesty involves theft or is premeditated, intentional, or sustained over a period of time. In some industries and for specific jobs, honesty is of paramount importance and an employee’s dishonest conduct can result in summary termination of employment for just cause.
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Big News About Small Claims
March 2017
Civil Resolution Tribunal. As of June 1, 2017, with just a few exceptions, civil claims of up to $5,000 will no longer be heard and decided by the B.C. Provincial Court (Small Claims Court). Instead, they will be resolved through British Columbia’s new online tribunal, the Civil Resolution Tribunal. This will be mandatory.
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Be on the Lookout for the Bonus Pony: Without Careful Language, a Terminated Employee will be Able to Ride It Away into the Sunset
March 2017
A recent Ontario Court of Appeal decision has once again highlighted the challenges associated with controlling bonus payments for terminated employees. In Paquette v. TeraGo Networks Inc. , 2016 ONCA 618, the Court awarded damages for a bonus falling within the notice period despite the fact that the bonus plan had specific language requiring “active employment” for any amount to be paid.
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Right to Refuse Unsafe Work – Federal Developments
March 2017
In BC, a worker has a right to refuse work if he/she “has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person” pursuant to Section 3.12(1), of the Occupational Health and Safety (OHS) Regulations. There is no general definition of the term “danger” in the OHS Regulations.
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Court of Appeal Brings Clarity to Termination Clauses
March 2017
The Ontario Court of Appeal has just released a significant decision regarding the interpretation of termination clauses in employment contracts. The decision in Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158 (“Wood”) reaffirms that courts in Ontario will take a strict approach to interpreting these clauses and even potential inconsistencies with the Employment Standards Act (the “ESA”) will be sufficient to invalidate a clause.
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Non-Culpable or Innocent Absenteeism?
February 2017
In the recent arbitration decision of Vancouver Coastal Health Authority v. Hospital Employees’ Union, Arbitrator John Sanderson, Q.C. upheld a grievor’s dismissal for non-culpable or innocent absenteeism because he failed to show he could attend at work regularly in the foreseeable future and the accommodation process was exhausted.
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Is This the New Standard For Family Status Discrimination?
February 2017
It is now accepted that “family status” protections under human rights legislation cover persons who are in a parent-child relationship, as well as the obligations which flow from that relationship, such as child or elder care.
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Ontario Court Holds Employer Must Pay Over 3 Years of Severance Under Fixed Term Contract
February 2017
In its recent decision, Howard v Benson, the Ontario Court of Appeal has dramatically increased the potential severance liability for employers of using fixed term employment agreements by holding that the employer must pay compensation over the full balance of the term with no reduction for re-employment income earned by the employee.
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Labour Arbitration Preferred Over Human Rights Adjudication
January 2017
A recent decision out of Manitoba, Northern Regional Health Authority v. Manitoba (Human Rights Commission), 2016 MBQB 89, examines the overlapping jurisdiction between labour arbitration boards and human rights tribunals with respect to complaints of prohibited discrimination in employment.
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Discrimination Based On Religion In Not Hiring Unqualified Applicant
January 2017
On March 2, 2016, the BC Human Rights Tribunal issued the last of four decisions involving a complaint of discrimination against Amaruk Wilderness Corp. because it refused to hire the complainant, Bethany Paquette, as an assistant guide intern. Paquette alleged that she was denied employment on the basis of ancestry, religion and political belief. Her claim was brought against Amaruk and one of the company’s representatives.
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