*By Devin Lucas and Shafik Bhalloo In Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal)[1], the equity partner, John Michael McCormick, entered into a partnership agreement with Fasken Martineau DuMoulin LLP, an international law firm operating as an extra-provincial limited liability partnership registered pursuant to the Partnership Act of British Columbia. Under thisContinue reading “Can a Partnership be an Employer of a Partner? Fasken Martineau DuMoulin LLP v. British Columbia (HRT)”
Employee’s right to damages (Raymond Giza v. Sechelt School Bus Service Ltd.)
Refusal to work during working notice period does not extinguish employee’s right to damages In Raymond Giza v. Sechelt School Bus Service Ltd.[1], Randy Gould, the employer, Sechelt School Bus Service Ltd., employed Mr. Giza as a bus driver starting in September 2005. Over the course of the next 5 years, the employer grew disenchantedContinue reading “Employee’s right to damages (Raymond Giza v. Sechelt School Bus Service Ltd.)”
Common Law Tort of Invasion of Privacy
Common Law Tort of Invasion of Privacy: while British Columbia, Saskatchewan, Manitoba and Newfoundland all have general privacy legislation creating a statutory tort or civil right of action for invasion of privacy, most other Canadian jurisdictions do not have comparable legislation although they may have some statutory administrative schemes that govern and regulate privacy issuesContinue reading “Common Law Tort of Invasion of Privacy”
Privacy in the Workplace: Use of spyware surveillance
Workplace use of spyware surveillance in BC The issue of employees’ misusing company computers is commonplace. In 2000, Xerox was monitoring all of its 92,000 employees’ computer usage and terminated 40 employees in the United States for accessing pornography on work time[1]. Similarly, the luxury automobile company, Rolls Royce, suspended 14 employees for inappropriate useContinue reading “Privacy in the Workplace: Use of spyware surveillance”
Buying a business? What is your employment law liability?
Are you buying a business? Do you want to continue the business with the same employees? Success of the business may be due to the efforts of its excellent employees and you as a buyer may want to continue their employment in the hopes of attaining continued success in the business. Alternatively, you may beContinue reading “Buying a business? What is your employment law liability?”
Is the “Our Team” section of your website creating a liability under the PIPA?
Company websites are ubiquitous. They are a necessary form of marketing in any industry. One of the methods of exploiting the value of this medium is to use images and videos of employees as part of the advertisement: as a friendly face on display under the “Our Team” section; or as free models and actorsContinue reading “Is the “Our Team” section of your website creating a liability under the PIPA?”
Employees or Contractors? The importance of determining employment status
How do you determine whether a worker is an employee or a contractor? As a business owner hiring or engaging workers to provide services, it is important that you determine whether the workers providing services to your business are employees or independent contractors. Determining Employment Status: Considerations for Employers Here are some thingsContinue reading “Employees or Contractors? The importance of determining employment status”
Use of the corporate form by an employee to bill his employer is not determinative
In Kordish v. Innotech Multimedia Corp.[1], to obtain tax advantages including the ability to deduct his expenses, Mr. Kordish formed a single shareholder corporation, Kortech Inc., and with the consent of his employer, Innotech Multimedia Corp. (the “Employer”), provided his services to the latter through this corporate vehicle. He invoiced the Employer for his servicesContinue reading “Use of the corporate form by an employee to bill his employer is not determinative”
Employers beware: The myth of temporary layoff may result in a wrongful dismissal liability
For print version, click here. Introduction The primary purpose of this article is to examine, in a non-union setting, some instructive British Columbia cases on the “temporary layoff” provision in the B.C. Employment Standards Act ((Employment Standards Act, RSBC 1996, c.113)) (“ESA”) with a view to providing the reader some guidance on the subject matterContinue reading “Employers beware: The myth of temporary layoff may result in a wrongful dismissal liability”
Notice Extension for Bad Faith Dismissal: A Remedy Divorced From the Wrong
The effect of the decision of the Supreme Court of Canada in Wallace v. United Grain Growers Ltd.1 is irrefutably significant in the development of the law of wrongful dismissal in Canada. In Wallace, the Supreme Court reviewed the law of wrongful dismissal in the context of the manner of dismissal by the employer andContinue reading “Notice Extension for Bad Faith Dismissal: A Remedy Divorced From the Wrong”