Dismissal of Federally Regulated Employees
The concept of unjust dismissal under the Canada Labour Code (the “Code”) is different from, and broader than, the common law concept of wrongful dismissal, ... Continued
Pre-Employment Screening – Legal & Practical Issues Surrounding Criminal Background Checks
Hiring the right employees is essential to the success of a business. Accordingly, the importance of thorough pre-employment screening of job candidates cannot be overemphasized. ... Continued
University Senate Policies Trump Collective Agreement says BC Court of Appeal
On April 20, 2010, the British Columbia Court of Appeal (the “Court”) rendered an important decision dealing with whether or not a university’s senate could ... Continued
Certification – A brief overview
The majority of employers have non-union workforces. Consequently, when their employees become involved in a union certification drive they do not understand their rights and ... Continued
Employer’s Failure to Act Constitutes Discrimination Says BC Court
On January 12, 2010, the Supreme Court of BC upheld a 2008 decision of the BC Human Rights Tribunal, in which the employer was found ... Continued
West Bay – Can a claim for wrongful dismissal proceed once the employer has obtained protection under the CCAA?
West Bay SonShip Yachts Ltd. (Re) 2009 BCCA 31 On this appeal, Mr. Esaw, a long term employee of West Bay, had commenced a claim ... Continued
Welcome Heather Hettiarachchi
We are pleased to welcome Heather Hettiarachchi to the firm as an associate with our Labour & Employment Group. In addition to her expertise in ... Continued
Nicole Byres launches ‘The Legalist’ with BCBusiness
Nicole Byres, chair of our Labour & Employment Group, has joined with BCBusiness magazine to launch ‘The Legalist’, a new blog about employment law cases ... Continued
BCCA Sets Aside $100,000 Punitive Damages Award but Upholds Damages for ‘Loss of Apprenticeship’
More than a few eyebrows were raised when, in 2009, the British Columbia Supreme Court released its decision in Marchen v. Dams Ford Lincoln Ltd. ... Continued
Loss of Pension Benefits on Termination – What are they Worth?
Pension benefits may be a significant part of an employee’s compensation package. As a result, when an employer terminates an employee on a “without cause” ... Continued
Driving/Cell Phone Ban Fines in Effect February 1st
On January 1, 2010, drivers were prohibited from using electronic devices while operating a motor vehicle unless specifically permitted by the law. “Electronic devices” include ... Continued
Wal-Mart Wins Anti-union Battle at Supreme Court of Canada
On November 27, 2009, the Supreme Court of Canada rendered its much awaited decision on an employer’s right to cease operations for alleged anti-union reasons. ... Continued