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”
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”
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”
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.)”
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”
Deducting overpayment from employee paycheques: What employers need to know
If you are an employer and you have made an overpayment to your employee, whether or not that overpayment was “wages” or benefits, can you unilaterally deduct that overpayment from the employee’s wages? Section 21 of the Employment Standards Act (“ESA”) provides that “an employer must not, directly or indirectly, withhold, deduct or require paymentContinue reading “Deducting overpayment from employee paycheques: What employers need to know”
Common or Associated Employer Determination: What does this mean for you?
Common or Associated Employer Determination: Businesses engaged in a single undertaking may, in the interest of minimizing their legal risk or tax planning, conduct their business using separate legal entities. For example, a business may hold its assets in one corporate entity but hire and pay employees using a separate corporate entity that does notContinue reading “Common or Associated Employer Determination: What does this mean for you?”
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”