Employment Contracts and Fresh Consideration By Shafik Bhalloo, Sasha Ramnarine, Devin Lucas What is “consideration” in a contract? An essential element in the formation and enforceability of any contract is consideration. Each party receives a benefit from the contract and may suffer corresponding detriment. This benefit and detriment are referred to as consideration.Continue reading “Employment Contracts and Fresh Consideration”
Limiting Common Law Notice in Employment Contracts
Limiting Common Law Notice in Employment Contracts By Shafik Bhalloo and Devin Lucas It is settled law in Canada that an employer may displace an employee’s right under the common law to reasonable notice of termination by contracting to a lesser notice or severance entitlement. However, the notice or severance period must meet the statutoryContinue reading “Limiting Common Law Notice in Employment Contracts”
Supreme Court rules that employees have a reasonable expectation of privacy in the workplace
By Shafik Bhalloo In a recent criminal decision, R. v. Cole [1], the Supreme Court of Canada provided much needed guidance on when an employee may reasonably expect data stored on his work issued computer will be treated as private. In this case, a high school teacher, who also worked with the school’s IT departmentContinue reading “Supreme Court rules that employees have a reasonable expectation of privacy in the workplace”
When a manager is not a manager: Manager liability for overtime or extra pay
What does the Employment Standards Act say about overtime wage for managers? Section 40 of the British Columbia Employment Standards Act (the “Act”) delineates overtime wage requirements for employees who work over 8 hours per day or 40 hours per week. It states: 40. (1) An employer must pay an employee who works overContinue reading “When a manager is not a manager: Manager liability for overtime or extra pay”
Remedy of Reinstatement: The quintessential “make whole” remedy or a fiction?
By Shafik Bhalloo* Like the mythical sasquatch, the Loch Ness monster, or the abominable snowman, most of us have heard of it and some of us have read about it, but never have we seen the remedy of reinstatement in section 79(2)(b) of the Employment Standards Act (the “Act”) actually occur. Section 79(2)(b) provides:Continue reading “Remedy of Reinstatement: The quintessential “make whole” remedy or a fiction?”
Fixed severance entitlement… employee duty to mitigate?
Does an employee have a duty to mitigate where there is a fixed severance entitlement set out in the contract and no corresponding provision imposing an express requirement to mitigate? In Bowes v. Goss Power Products Ltd.[1], the employee, Peter Bowes, entered into a written employment contract with Goss Power Products Ltd. in September 2007. Continue reading “Fixed severance entitlement… employee duty to mitigate?”
Opportunities under new US Offshore Voluntary Disclosure Program
Editor’s Note: The Offshore Voluntary Disclosure Program was ended in 2018. Nevertheless, the IRS stated it “will continue to hold taxpayers with undisclosed offshore accounts accountable after the program closes.” More guidance around Options Available For US Taxpayers with Undisclosed Foreign Financial Assets can be found at IRS.gov On June 26, 2012, the Internal RevenueContinue reading “Opportunities under new US Offshore Voluntary Disclosure Program”
Off-duty conduct of an employee may constitute just cause for dismissal
Can an employer discipline or terminate an employee for cause for her off-duty conduct? This question, no doubt, was at the forefront of some employers’ thoughts after the Stanley Cup riot in Vancouver, particularly after viewing their employees pictures in the local newspapers or police website or seeing them prominently featured on live or tapedContinue reading “Off-duty conduct of an employee may constitute just cause for dismissal”
Minimum Wage Rate in British Columbia
How much is the minimum wage in BC? Minimum wage applies to all employees regardless of how they are paid-hourly, salary, straight or partial commission basis or other incentive basis. As of November 1, 2011, the second of a three-stage increase in the minimum wage in British Columbia to $9.50 per hour took effect. AtContinue reading “Minimum Wage Rate in British Columbia”
Right of Privacy in the workplace not absolute
In British Columbia, the Privacy Act (“Act”) enacted in 1968 was the first in the country. It created a statutory tort or civil right of action for an invasion of privacy when the common law did not. Section 1 of the Act reads: Violation of Privacy Actionable 1 (1) It is a tort, actionable without proofContinue reading “Right of Privacy in the workplace not absolute”