An Ontario employer has recovered almost 20 million dollars from four former employees. The GasTOPS v. Forsyth case is one that we have mentioned in our client conferences and that we have been watching for a few years. GasTOPS sued four former senior management employees when they resigned their employment on two weeks notice. The Trial Judge found that within hours… → Read More
Departing Employees Face Consequences
Posted in Employee Obligations, LitigationEmployment Standards Leaves
Posted in Benefits, Compensation, Pensions, Employment StandardsThe Employment Standards Act (British Columbia) requires employers to grant unpaid pregnancy, parental, family responsibility, compassionate care, reservist, bereavement and jury duty leave. Providing the time off is just the start of the employer’s obligations. Employees on leave continue to “earn” the following, as if they were at work: length of service credit; vacation credit;… → Read More
BC Labour Board Decisions to be Timely
Posted in Labour Relations, UnionsWe welcome a new ministerial regulation which aims to have matters at the BC Labour Relations Board concluded within 180 days of the application. While 180 days may still seem long, this timeline should provide for faster resolution of workplace disputes. The new regulation takes effect September 1, 2012. The News Release can be found at: http://www.newsroom.gov.bc.ca/2012/03/new-timeline-ensures-workplace-issues-resolved-quickly.html
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
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