Resources
-
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…
Read More +
-
Be Reasonable When It Comes to Reasonable Notice: Kotecha v. Affinia Canada ULC, 2014 ONCA 411
July 2014
For 20 years, Niranjan Kotecha worked as a machine operator for Affinia Canada ULC, an auto parts manufacturer. In 2011, he was dismissed on a “without cause” basis and provided with 11 weeks of notice. Mr. Kotecha was 70 years old at the time of trial.
Read More +
-
Grievor’s Anonymity – Privacy Rights Versus Accountability
July 2014
Grievor’s anonymity has been hotly debated in the course of two recent British Columbia arbitration proceedings. Sunrise Poultry Processors Ltd. -and- UFCW Local 1518 and Husband Food Ventures Ltd. (c.o.b. IGA Store No. 11) -and- UFCW 1518 involved two arbitration awards each and one B.C. Labour Relations Board review.
Read More +
-
The Long and Difficult Road to Establish Just Cause for a Performance-Based Termination
June 2014
An employer that wants to dismiss an underperforming employee has two options: (1) terminate without cause and provide the applicable notice or pay in lieu; or (2) terminate with just cause and provide no notice or pay in lieu.
Read More +
-
Unusual Non-Competition Clause Upheld by B.C. Court of Appeal
April 2014
Clauses in employment agreements that preclude an employee from competing with the employer following termination of employment will be struck down as an unlawful restraint on trade and contrary to public policy, unless they can be justified on the basis of reasonableness. In a recent decision, the B.C.
Read More +
-
Employer Obligated to Accommodate Employee’s Childcare Obligations: Attorney General of Canada v. Johnstone
May 2014
In Attorney General of Canada v. Johnstone, 2014 FCA 110, the Federal Court of Appeal issued the latest decision in the long-running saga to determine the scope of family status protection under the Canadian Human Rights Act, R.S.C. 1985, c. H-6 (the “Act”).
Read More +
-
Ontario Employer Not Liable for Harassing Conduct between Employees
May 2014
The Ontario Human Rights Tribunal recently made an interesting finding with respect to an employer’s limited responsibility for harassing conduct between employees in Baker v. Twiggs Coffee Roasters, 2014 HRTO 460 (Carey).
Read More +
-
You’re Fired! (But Not for the Reasons You Think)
March 2014
Can an employer rely on misconduct it discovers after terminating an employee to justify the termination? In the recent case of Campbell v. Harrigan Rentals and Equipment Ltd., 2013 BCSC 1813, the B.C. Supreme Court answered yes.
Read More +
-
A List of What Not to Do when Terminating an Older Employee
March 2014
In Price v. Top Line Roofing, 2013 BCHRT 306, Top Line laid off two of its oldest journeymen, Mr. Price, who was 53 and a colleague, who was in his 60s. Top Line informed Price and his colleague that they were laid off due to a shortage of work.
Read More +
-
Diligence an Essential Ingredient when Dismissing for Incompetence
March 2014
Firing for cause, particularly for incompetence, may seem to be a herculean feat for employers. Throw human rights considerations into the mix and it may seem impossible. The following case, however, shows that a combination of clear expectations and diligence can make the impossible possible.
Read More +
' '