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British Columbia Employer Advisor Keeping Employers Posted on Developments in Labour and Employment Law

Category Archives: Litigation

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Not Constructive Dismissal

Removal of Supervisory Duties Allowed

By Paige Morrow on Posted in Constructive Dismissal, Employee Obligations, Litigation, Termination, Wrongful Dismissal

A BC employer has successfully defended a claim for constructive dismissal despite taking away supervisory duties and moving the employee from an office to a cubicle.  The Meyers v. Chevron Canada Limited case  is a welcome change from earlier cases we have discussed here (changing a bonus) and here (abusive workplace environment). Meyers worked for Chevron… → Read More

More Punitive Damages

By Paige Morrow on Posted in Damages, Just Cause, Litigation, Termination, Wrongful Dismissal

Another BC employer has been hit with punitive damages.  There have been cases where flawed investigations have led to punitive damages (see the Vernon case in BC, and Home Hardware in Alberta), and there have been jury awards for bad employer conduct (see Babine Forest Products in BC, and Wal-Mart in Ontario).  Now another BC Supreme Court case - Kelly v. Norsemont… → Read More

Annual Client Conference

Conference Materials Available Online

By Earl Phillips on Posted in Benefits, Compensation, Pensions, Employee Obligations, Employment Standards, Human Rights, Litigation, Occupational Health and Safety, Privacy, Termination

Thanks to over 230 clients who attended our annual full day client conference on Friday March 8. The materials for all the presentations and workshops are available online here. The materials cover: What we can expect from an NDP government in Victoria Privacy in workplace computers Bill 14 – The new harassment, bullying and violence in the workplace… → Read More

Wal-Mart Ordered to Pay Over 1 Million in Damages

By Earl Phillips on Posted in Damages, Discrimination, Just Cause, Litigation, Termination, Wrongful Dismissal

On October 10, 2012, a jury awarded a former Wal-Mart employee over $1.4 million dollars in damages.  The jury found that the employee was constructively dismissed due to an abusive work environment at the Windsor Wal-Mart store.  This is the largest such award in Canadian history and, as expected, will be appealed by Wal-Mart. Summary… → Read More

BC Human Rights Tribunal Awards Costs Against Complainant

By Donovan Plomp on Posted in Discrimination, Human Rights, Litigation

Employers are often frustrated by the fact that the BC Human Rights Tribunal rarely awards costs, even when an employee or former employee brings a frivolous complaint. In Edwards v. Schnitzer Steel Pacific, the Tribunal accepted the employer’s submissions that the complainant should pay costs for resiling from a settlement agreement. Edwards agreed to settle his complaint… → Read More

Month in Review

By McCarthy Tétrault LLP on Posted in Accommodation, Age, Benefits, Compensation, Pensions, Damages, Discipline, Discrimination, Employee Obligations, Employment Standards, Family Status, Human Capital, Human Rights, Immigration, Investigations, Just Cause, Labour Relations, Litigation, Murphy's Laws of HR, Privacy, Recruiting, Termination, Unions, US vs.Canadian Employment Law, Wage and Hours, Workers Compensation, Wrongful Dismissal

The bloggers of BC Employer Advisor issued our first Month in Review to summarize our most recent posts. Visit the summary here.  

Less is More: Restrictive Covenants Part II

By Donovan Plomp on Posted in Employee Obligations, Litigation, Termination

As noted in our previous post, courts will not enforce a restrictive covenant against a departing employee unless the former employer can show the restraints imposed are reasonable between the parties and in reference to the public interest. So consider, 1.  Is there a legitimate business interest being protected? 2.  Is the restraint imposed reasonable, and… → Read More

The ties that bind (or not)…Restrictive Covenants, Part I

By Donovan Plomp on Posted in Employee Obligations, Litigation, Termination

The start of an employment relationship is, in some respects, like the start of a romantic relationship. Seasoned executives become giddy with the prospect of a new love, er, recruit. “He/she is perfect! I want him/her to start tomorrow!” they say to their employment lawyer. To which we say (among other things): “Do you want the… → Read More

Jury Trials in Employment Cases

Another US/Canada Difference

By Earl Phillips on Posted in Damages, Litigation, Termination, US vs.Canadian Employment Law, Wrongful Dismissal

Jeff Polsky has responded on the issue of at will employment and we’ll accept that there is good and bad in both systems.  The most important thing for employers from either the US or Canada operating in the other country is to understand the difference and make appropriate adjustments in hiring and firing practices. Jeff’s post… → Read More

Jury Awards Punitive Damages

By Earl Phillips on Posted in Damages, Just Cause, Litigation, Termination, Wrongful Dismissal

A jury in Prince George, British Columbia has awarded $573,000 in punitive damages to a terminated employee.  It may be the highest such award in Canadian employment law history. The employee had worked for Babine Forest Products for 34 years.  The company was acquired by Portland, Oregon based Hampton Lumber Mills in 2006.  The employee… → Read More

Termination Clauses and Mitigation

By Earl Phillips on Posted in Damages, Employee Obligations, Employment Standards, Litigation, Termination, Wrongful Dismissal

A recent Ontario Court of Appeal decision sounds a warning to employers – if you want to have a set amount of notice or compensation for termination without cause, AND you want to require the former employee to mitigate, you need to say so explicitly in the contract. Goss Power Products had a written contract… → Read More

Just Cause – Dishonesty, Breach of Contract, Good Faith

By Earl Phillips on Posted in Employee Obligations, Just Cause, Litigation, Termination, Wrongful Dismissal

It 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

Non-Competition / Non-Solicitation Covenants – Are They Enforceable?

By Earl Phillips on Posted in Employee Obligations, Litigation, Wrongful Dismissal

A recent case from Ontario has provided a comprehensive and very useful summary of the law on enforceabilty of restrictive covenants, like non-competition and non-solicitation clauses.  The principles apply in all the common law provinces of Canada, including British Columbia. The case is called Martin v. ConCreate USL LP and it can be found at Martin… → Read More

Departing Employees Face Consequences

By Jillian N. Humphreys on Posted in Employee Obligations, Litigation

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

Working Notice Must Be Reasonable

By Earl Phillips on Posted in Litigation, Termination

Can an employee quit after getting working notice of termination and still collect damages? “Yes,” says the B.C. Court of Appeal. Unless there is an employment contract term to the contrary, employment may be terminated by giving actual notice. In fact, that is the employee’s common law right for a termination without cause: to get notice… → Read More

Investigations and Terminations That Cost – Part II

By Earl Phillips on Posted in Investigations, Litigation, Termination, Wrongful Dismissal

Last week we looked at the flawed investigation leading to the termination of a long service employee. This week, we look at the problems with the termination process. Stephanie Vernon spent her entire working life – 30 years from the age of 19 – working for the Liquor Distribution Branch. A particularly sensitive employee made a… → Read More

Investigations and Terminations That Cost – Part I

By Earl Phillips on Posted in Investigations, Litigation, Termination, Wrongful Dismissal

A B.C. employer has recently been hit with a significant damage award related to the termination of a long service employee. The court found two major problems: a flawed investigation and an insensitive termination. This week, we look at the investigation. Stephanie Vernon spent her entire working life – 30 years from the age of 19… → Read More