Resources
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Disabled Employee Entitled to Equal Treatment, Not Better Treatment
October 2014
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
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
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
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
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
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
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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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.
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