There is much good that can come from a written employment agreement. But there is also a considerable amount of trouble lurking if it is not well drafted. Both sides of this coin were evident in the case of Ernst v. Destiny Software. In a previous post we noted how the written agreement helped the employer win… → Read More
Monthly Archives: June 2012
Big Change Looming in Canada’s Labour Movement
Posted in Labour Relations, UnionsCanada may soon have a new and dominant private sector union as the CAW and CEP continue to talk merger. Both of these large unions are the products of earlier mergers, but forces are compelling another, and bigger, combination. They have identified a “moment of truth” brought on by a number of factors. Predictably, ”hostility from right… → Read More
Just Cause – Dishonesty, Breach of Contract, Good Faith
Posted in Employee Obligations, Just Cause, Litigation, Termination, Wrongful DismissalIt is always difficult for an employer to prove just cause. In an earlier post, we discussed performance based just cause. This post looks at a recent case from British Columbia that found just cause based on dishonesty, breach of contract and breach of the duty of good faith. Ernst was hired as a senior… → Read More
Responding to ESA Complaints
Posted in Employment Standards, InvestigationsAn employer should respond promptly, fully and carefully when it receives communications regarding possible violations of the Employment Standards Act (British Columbia). In most cases, the complainant must use the “Self Help” process to try to resolve the matter directly with the employer. That process starts with a Request for Payment to the employer. The… → Read More
Attendance / Absenteeism Management (Part II – Disability and Medical Information)
Posted in Accommodation, Discrimination, Employee Obligations, Human Rights, Privacy, TerminationIn a previous post found here we considered the basic requirements for an Attendance or Absenteeism Management Plan. This post looks at two key and vexing issues in particular. 1. Disabled employees – an AMP must not: (a) put their employment in jeopardy solely on the basis of absences due to disability, (b)… → Read More
Job Applicants and Social Media – Privacy Considerations
Posted in Discrimination, Human Capital, Human Rights, Privacy, RecruitingThere has been a lot of recent talk of employers asking job applicants for social media passwords. The idea is fraught with problems for employers and it is far from clear that the information gained makes the problems and risks worthwhile. Many of the issues are usefully canvassed in a piece in today’s Globe. BUT… → Read More
Pay for No Work – Part II – Travel Time
Posted in Employment Standards, Wage and HoursAn earlier post looked at having to pay for on-call time under the Employment Standards Act (British Columbia). This post looks at travel time. Travel time may be payable, depending on whether the travel is at the direction of the employer. Commuting from home to work and back again is generally not payable, even if… → Read More
Restrictions on Withholding Pay
Posted in Benefits, Compensation, Pensions, Employment Standards, Wage and HoursThe Employment Standards Act (British Columbia) prohibits an employer from withholding or deducting any part of wages unless the employee has consented in writing. Problems frequently arise when employment terminates and the employer seeks to recover loans, advance payments (of wages or vacation pay) or other debts from the employee by way of deductions from… → Read More
Attendance / Absenteeism Management (Part I)
Posted in Accommodation, Discrimination, Human Rights, TerminationWhether you call it an Attendance or an Absenteeism Management Plan, or anything else you may come up with, there are a number of legal requirements to meet. This week we look at some of the basics. Next week, we will look at the issues of dealing with disabled employees and getting medical information. The Basics An… → Read More
Follow us on Twitter
Subscribe to this blog via RSS