Resources

  • B.C. Employers Need a “Reasonable Basis” to Conduct Employee Surveillance: Unifor, Local 433 v. Crown Packaging Ltd. (Giesbrecht Grievance), 2014 B.C.C.A.A.A. No. 43 (Dorsey)

    November 2014

    by Danielle Scorda

    Unifor, Local 433 v. Crown Packaging Ltd. (Giesbrecht Grievance), [2014] B.C.C.A.A.A. No. 43 (Dorsey) is a recent arbitral decision considering the admissibility of surveillance evidence in British Columbia.

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  • “To Assume is to Accept as Truth Without Checking”: The Cost of Paying Lip Service to Respectful Workplace Policies

    November 2014

    by Jennifer Hogan

    In Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419, Wal-Mart paid a high price for failing to properly investigate an employee’s complaint.

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  • Disabled Employee Entitled to Equal Treatment, Not Better Treatment

    October 2014

    by Michael R. Kilgallin

    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.

     

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  • Be Thorough, Thoughtful and Careful in the Accommodation Process: Rajigadu v. University of British Columbia (No. 3), 2014 BCHRT 157 (McCreary)

    October 2014

    by Gabrielle Scorer

    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.

     

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  • Handle with Care – Non-Competition Provision Results in Increased Notice Period

    September 2014

    by James D. Kondopulos

    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.

     

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  • Recent Decision from B.C. Court of Appeal Cautions Employees to Consider Skeletons in The Closet Before Suing for Wrongful Dismissal

    August 2014

    by Jennifer Hogan

    In a recent decision, Van den Boogaard v. Vancouver Pile Driving Ltd., 2014 BCCA 168, the B.C. Court of Appeal upheld the discharge of a senior manager who, in the period of time following his dismissal without cause, was discovered by the employer to have been soliciting illegal drugs from a subordinate employee.

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  • And the Employee Said to the Employer: “You Can’t Touch This”

    March 2014

    by Jennifer Hogan

    On December 13, 2013, the Supreme Court of Canada (SCC) issued its decision in IBM Canada Ltd. v. Waterman, 2013 SCC 70, confirming that employers may not deduct earned pension benefits from wrongful dismissal damages.

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  • Inhibit Don’t Prohibit – The B.C. Court of Appeal Upholds Restrictive Covenant Placing Price Tag on Competition

    July 2014

    by Jennifer Hogan

    Subsequent to obtaining a license to practice veterinary medicine, Dr. Stephanie Rhebergen entered into a 3 year Associate Agreement with Creston Veterinary Clinic (the “Clinic”) to obtain the necessary field training.

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  • Employee’s Damages Reduced for Failure to Mitigate by Accepting Re-Employment

    July 2014

    by Jennifer S. Russell

    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…

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  • 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.

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