Most employees are covered by the Employment Standards Act (British Columbia). There are only limited exclusions of professionals and some employees in job creation or training programs. It is not possible to “contract out” of the Act. The Act applies regardless of the wishes of the employer and the employee. The Act creates minimum terms and… → Read More
Monthly Archives: February 2012
When Do Performance Problems Amount to Just Cause?
Posted in Termination, Wrongful DismissalOur courts continue to emphasize how difficult it is to establish just cause for termination based on performance. A recent case made it clear that any such termination must be preceded by a very clear and current warning. The court accepted that the employee’s performance was clearly below standard, but not “grossly deficient”. Accordingly, a warning was… → Read More
Claim for Damages for Breach of Privacy
Posted in Discipline, Family Status, Litigation, PrivacyThe Ontario Court of Appeal has created a new cause of action. It is now possible to sue for damages for a breach of privacy. Tsige and Jones were employees at different branches of the Bank of Montreal. They did not know each other, but Tsige had a relationship with Jones’s ex-husband. Tsige looked at… → Read More
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