Resources
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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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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.
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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.
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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”).
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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).
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