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”
Everything you always wanted to know about suspending a determination (but were too afraid to ask)
INTRODUCTION The steps to receiving a suspension when appealing a determination of the Director of Employment Standards (the “Director”) to the Employment Standards Tribunal (the “Tribunal”) can be confusing and full of potholes, so it is best to plan ahead and know the terrain. For applicants wanting to map out their route, this article willContinue reading “Everything you always wanted to know about suspending a determination (but were too afraid to ask)”
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”
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”
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?”
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”