Resources
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Alberta Court of Appeal Overturns Contentious Bonus Award Because Employee Was Not Actively Employed On Vesting Date
May 2017
In Styles v. Alberta Investment Management Corporation, 2017 ABCA 1, the Alberta Court of Appeal (the “Court”) reversed a lower court decision that had awarded a dismissed employee, David Styles, almost $500,000 for an unpaid incentive bonus in spite of the fact he was disentitled to any bonus pursuant to the terms of his written employment contract.
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Can an Employer’s Unfavourable Reference Ground a Claim for Defamation?
May 2017
The Ontario Superior Court of Justice recently found an employee’s defamation claim against his previous employer for an unfavourable reference could not succeed, because the reference was justified and fell “within the range of qualified privilege”.
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Nobody Cares About Your (Unilateral) Life Plans: Lessons From the Great White North
April 2017
A recent decision of the Yukon Court of Appeal provides some valuable commentary about the role (or lack thereof) played by one’s personal plans in determining the appropriate length of notice for a dismissed employee.
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In the Right Context, “Revelation of Character”, Including After-Acquired Cause Dating Back Years, Can Warrant Summary Dismissal
April 2017
In Smith v. Pacific Coast Terminals Co., 2016 BCSC 1876, an employee was considered by his employer to have misled it regarding the necessary permits for a construction project. Although the employer viewed the misconduct to be serious, it decided to dismiss the employee without cause and offer him a severance package.
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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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