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”
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”
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”
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”