While it is trite to say that all industries have been affected by the COVID-19 pandemic, very few have been as hard hit as the travel industry. With government-imposed travel restrictions including border closures in Canada and the US since March 2020, travel to and from Canada was brought to a near standstill until recentlyContinue reading “COVID-19: Loss of the Market for the Kind of Work the Employee was Hired to do Does Not Frustration Make.*”
Precarious Work in the Modern Gig Economy: Charting a Path for Future Class-Action Litigation in Canada
Download as PDF On February 19, 2021, the Supreme Court of the United Kingdom unanimously decided that Uber drivers are “workers” for the purpose of UK employment law. This follows a recent decision a little closer to home, in which the Supreme Court of Canada cleared the way for future class action law-suits against theContinue reading “Precarious Work in the Modern Gig Economy: Charting a Path for Future Class-Action Litigation in Canada”
Changes to the Employment Standards Act related to COVID-19
On March 23, 2020, the Employment Standards Amendment Act (No. 2), 2020 received Royal Assent. Here are the highlights of the amendments now in force: Unpaid leave for personal illness or injury S. 49.19 is added to the Employment Standards (the “ESA”) to provide for unpaid leave of up to 3 days in each employmentContinue reading “Changes to the Employment Standards Act related to COVID-19”
LAYOFF: The landscape in British Columbia
Print version available here. In British Columbia, B.C. Employment Standards Act1 (“B.C. ESA”) governs the relationship between employers and employees with respect to their rights governing the practice of administrative suspension for economic reasons, commonly known as temporary layoffs. B.C. ESA, however, only provides a part of the picture and to complete that picture, one mustContinue reading “LAYOFF: The landscape in British Columbia”
Mitigation and Offers of Re-employment: Fredrickson v. Newtech Dental Laboratory Inc.
When an employee is wrongfully dismissed and the court determines that the employee is entitled to damages in lieu of reasonable notice, the employer will almost always argue that the employee was required to mitigate those damages and failed. In essence, the employer will allege that the employee failed to take reasonable steps to obtainContinue reading “Mitigation and Offers of Re-employment: Fredrickson v. Newtech Dental Laboratory Inc.”
The Price of Termination – Dependent Contractors in the Workplace
One of the most significant mistakes a business owner can make when it comes to engaging a worker is classifying that worker incorrectly. Many business owners are aware that misclassifying an employee as an independent contractor can come with heavy repercussions, including being held liable for the various statutory deductions that should be made forContinue reading “The Price of Termination – Dependent Contractors in the Workplace”
The Potter Decision – When an Administrative Suspension Goes Too Far
The Potter Decision – When an Administrative Suspension Goes Too Far By Alisha Parmar and Shafik Bhalloo The Potter Decision – When an Administrative Suspension Goes Too Far Constructive dismissal is a fascinating concept for employment lawyers, employees, and employers alike. When an employer is found to have “constructively dismissed” an employee, itContinue reading “The Potter Decision – When an Administrative Suspension Goes Too Far”
Wolf in Sheep’s Clothing: Creative Non-Competition Clauses
By Alisha Parmar and Shafik Bhalloo Introduction Non-competition clauses are hardly a rarity in employment contracts. The classic non-competition clause seeks to protect the business of an employer by prohibiting a former employee from, generally speaking, competing with the employer once the employment relationship is terminated. It is well-established that courts are unsympathetic towards non-competitionContinue reading “Wolf in Sheep’s Clothing: Creative Non-Competition Clauses”
Supreme Court of Canada Holds that Pension Benefits Should Not Diminish Damages for Wrongful Dismissal
by Devin Lucas and Shafik Bhalloo In IBM Canada Limited v. Richard Waterman[1], Richard Waterman (“Waterman”) was employed by IBM Canada Ltd. (“IBM”) for approximately 42 years before he was dismissed on March 23, 2009 without cause. Waterman, aged 65, was given two months’ notice. Prior to his dismissal, Waterman had been a long-standingContinue reading “Supreme Court of Canada Holds that Pension Benefits Should Not Diminish Damages for Wrongful Dismissal”
Enforceability of Restrictive Covenants in the Employment Context
By Devin Lucas and Shafik Bhalloo In Globex Foreign Exchange Corporation v. Kelcher[1], three employees, David Kelcher, Mark MacLean, and Luciano Oliverio entered into employment contracts with Globex Foreign Exchange Corporation, a business engaged in foreign currency exchange. In 2003, each employee signed a non-competition and non-solicitation agreement comprising restrictive covenants. MacLean agreed to theContinue reading “Enforceability of Restrictive Covenants in the Employment Context”