Resources
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Undocumented Obligations: The Creation of an Oral Fixed Term Employment Contract
July 2016
While it is fairly common for terms of an employment contract to be partially written and partially oral, the oral terms tend to be more nebulous. In James v. The Hollypark Organization Inc., 2016 BCSC 495, the dispute centered on the existence of an oral term.
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BC Human Rights Tribunal Confirms Test For Family Status Discrimination
July 2016
In Kenworthy v. Brewers Distributor (No. 2), 2016 BCHRT 54 (“Kenworthy”), the BC Human Rights Tribunal (the “Tribunal”) considered the issue of family status discrimination in the context of childcare obligations. Kenworthy is a helpful update on this tricky topic and is of particular interest due to the various approaches that courts and tribunals across Canada have adopted in defining “family status” obligations in human rights legislation.
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When Does Inter-Personal Conflict Become a “Significant Work-Related Stressor”?
July 2016
It is often difficult to determine whether personal harassment, rudeness or simple bad manners meets the threshold of a “significant work related stressor” potentially qualifying the target of such behaviour for Workers’ Compensation benefits.
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BC Court of Appeal grants 8 months of reasonable notice to 43-year old IT employee with 2.5 years of service: Munoz v. Sierra Systems Group Inc., 2016 BCCA 140
June 2016
Sierra Systems Group Inc. (“Sierra”) recruited Ruben Cuesta Munoz (“Cuesta”) to work as an IT specialist for its client, Goldcorp Inc. (“Goldcorp”). During the recruitment process, Sierra informed Cuesta that his employment would be long-term.
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Unions Have No Automatic Right to Participate in the Accommodation Process of Union Members
June 2016
The B.C. Supreme Court has clarified in a judicial review decision that a union does not have an automatic right to participate in and be provided with information related to the process of accommodating a worker due to a protected ground: Telus Communications Inc. v. Telecommunications Workers’ Union, 2015 BCSC 1570.
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Honesty is the Best Policy, Again – Antunes v. Limen Structures Ltd.
June 2016
For some time, the employment relationship has been held to a standard of good faith and fair dealing, at least in respect to the administration of the employment contract and especially upon termination of employment. Cases from the Supreme Court of Canada such as Wallace and Keays v. Honda have left the law of employment with a residual philosophy that fair dealing is expected of employers.
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Ontario Court Affirms “Family Status” Protection in the Workplace
May 2016
Family status discrimination, and the related obligation to accommodate family status, continues its trajectory of growth in the landscape of workplace legal relationships. Employers diminish the importance of employee obligations to family, especially children, at their peril.
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Employee’s Damages Owed to Former Employer Significantly Reduced
May 2016
In Consbec Inc. v. Walker, 2016 BCCA 114, the B.C. Court of Appeal significantly reduced the amount of damages owed by Peter Walker to his former employer, Consbec Inc., and provided valuable insight into the steps which must be taken by employers in order to justify damages claims against former employees.
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Is that “Confidential” Investigation Report actually Confidential?
May 2016
If not set up properly, that “confidential” investigation report may not be so confidential after all. An Ontario arbitrator has ruled that an investigation report prepared by a lawyer is not covered by solicitor-client or litigation privilege as a matter of right. In Durham Regional Police Association v Durham Regional Police Services Board, the arbitrator ordered production of an investigation report to the union which was dissatisfied with the employer’s handling of a harassment situation.
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Back to Mitigation Basics: A Must-Read for Anyone Prosecuting or Defending a Wrongful Dismissal Action
May 2016
In the recent case of Steinebach v. Clean Energy Compression Corp., 2016 BCCA 112, the B.C. Court of Appeal provided an excellent overview of first principles when it comes to an employee’s duty to take reasonable steps in mitigation of damage or loss flowing out of termination of employment.
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