Resources
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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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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.
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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.
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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.
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Wrongfully Dismissed Employee Entitled to Compensatory, Aggravated Special Damages for Employer’s Breach of Duty of Good Faith: Ogden v. Canadian Imperial Bank of Commerce
March 2014
This case involved an employee who was dismissed from employment when she allegedly contravened the employer’s Code of Conduct and Conflict of Interest Policy.
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A Cautionary Tale When Dismissing an Older Employee
February 2014
Aging and the lack of capacity to perform work can be inextricably linked but the dismissal of an older worker, even where there are performance concerns, must be handled with extreme care to avoid exposure to human rights complaints.
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Employee’s Damages Reduced for Failure to Mitigate by Accepting Re-employment
February 2014
Wrongfully dismissed employees generally have a duty to mitigate their damages by seeking and accepting comparable employment. In the right circumstances, that may also include a duty to accept re-employment with the very employer that dismissed them in the first place.
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