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

Category Archives: Termination

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Duty to Mitigate is Alive and Well

Plaintiff should have pursued job opportunity

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

There was a job opportunity for the terminated employee.  He didn’t pursue it and he didn’t provide a reasonable excuse.  His claim for wrongful dismissal damages was denied. Rod Koenig had been hired by Brandt Tractor in 1987 and was terminated 22 years later.  He was given 9.5 months of working notice in January 2009, finished work… → Read More

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

Restrictive Covenants Unenforceable

Lessons in Drafting from Ontario Court of Appeal

By Earl Phillips on Posted in Employee Obligations, Termination

The Ontario Court of Appeal has made some interesting findings that should be considered when looking at your non-competition and non-solicitation covenants. The case is Martin v. ConCreate.  We commented on the original decision (here) and noted that it had a useful and comprehensive review of the law on restricting post-employment activities.  The Court of… → Read More

“Workplace Investigations – Part 3”

By Donovan Plomp on Posted in Discipline, Discrimination, Human Rights, Investigations, Just Cause, Termination, Workers Compensation, Wrongful Dismissal

In earlier posts, here and here, we discussed some legal issues that arise in workplace investigations. In this post, we will discuss some of the privacy issues that can arise. The investigator is often asked by nervous employees whether their identity and the information they give will be kept confidential. This cannot be guaranteed.  Employees being… → Read More

Workplace Investigations – Part 2

By Donovan Plomp on Posted in Damages, Discipline, Human Rights, Investigations, Just Cause, Termination, Workers Compensation, Wrongful Dismissal

In an earlier post, we discussed when employers may wish to conduct workplace investigations.  In this post we’ll discuss who should conduct the investigation. Being lawyers, we usually have a quick answer to this:  legal counsel. We recognize, however, that clients don’t have unlimited funds.  So practically speaking, each situation will have to be assessed… → Read More

Workplace Investigations – Part 1

By Donovan Plomp on Posted in Damages, Investigations, Just Cause, Termination, Wrongful Dismissal

With the complexity of workplace law and issues, employers are subject to an increasing number of workplace obligations.  When a workplace incident arises it’s often required, or at least advisable, that an employer conduct a prompt and thorough investigation. In this and subsequent posts, we will review some key legal issues that arise in conducting… → 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

Collective Agreement Severance Not Payable

Only accrued rights survive termination of the agreement

By Earl Phillips on Posted in Employment Standards, Labour Relations, Termination, Unions, Wrongful Dismissal

Employees terminated after the expiry of their collective agreement are not entitled to severance pay.  That is the bottom line, and the end of the line, for the former employees of Mercury Graphics since November 8, 2012 when the Supreme Court of Canada refused to hear their appeal.  The Saskatchewan Court of Appeal decision stands and provides some useful guidance… → Read More

Murphy’s Laws of HR

Union Terminations

By Earl Phillips on Posted in Discipline, Labour Relations, Murphy's Laws of HR, Termination, Unions

It’s time for another instalment in Murphy’s Laws of HR. The first two laws were posted some time ago.  #3 is posted in sympathy for those dealing with unionized employees, and to remind those with only non-union employees to count their blessings. Murphy’s Laws of HR #3 – The union always grieves a termination: even when… → 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.  

Introducing Northern Workplaces, our New Client Newsletter

By Earl Phillips on Posted in Human Rights, Termination, US vs.Canadian Employment Law, Wage and Hours, Wrongful Dismissal

McCarthy Tétrault’s Labour & Employment Group has recently launched a newsletter destined for our U.S. clients and contacts entitled Northern Workplaces. Northern Workplaces is just one of the tools we are deploying to address labour and employment issues of interest to American-based clients and counterparts who deal with employment matters in Canada. Our first and… → Read More

Limitation Act

By Christopher McHardy on Posted in Damages, Termination, Wrongful Dismissal

The Government of British Columbia is introducing a new Limitation Act, setting out the time limit people have to file civil law suits in British Columbia.  On October 2, 2012, the Government announced that the new Limitation Act will come into effect on June 1, 2013. This is relevant for employers who may be subject to… → Read More

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