Tag: British Columbia Court of Appeal

A win for employers: Supreme Court rejects union’s effort to obtain right of consultation in accommodation process

by John Craig and Matthew Larsen Do unions have an independent legal right, separate and apart from their collective agreement rights, to be involved in every unionized employee’s accommodation request? This question was answered earlier this year by the British Columbia Court of Appeal, which ruled that unions have no such right. Recently, in Telecommunications […]

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You said what? Hiring interview comments prove costly for employer

by Nicole Singh Canadian employers who provide inaccurate or misleading information during the hiring process can be held liable for their broken promises. The recent decision of the British Columbia Court of Appeal in Feldstein v. 364 Northern Development Corporation is a stark reminder that a negligent misrepresentation during the hiring process can be costly. […]

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Can tribunal rule on harassment complaint if alleged harasser works for different employer?

by Lorene Novakowski The British Columbia Human Rights Tribunal had no jurisdiction to hear a complaint where the alleged harasser was employed by a different employer than the alleged victim. The alleged harasser was not in a position of control over the complainant even though they worked at the same site. So the complaint was […]

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B.C. Court of Appeal addresses termination and severance issues

by Kevin O’Neill, Q.C. In Canada, in Hall v. Quicksilver Resources Canada Inc., 2015 BCCA 291, the British Columbia Court of Appeal addressed two important termination and severance issues: 1. In the sale of a business, when and how do an employee’s years of service continue to bind the purchaser? 2. What is the proper […]

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BC Court of Appeal takes a narrow view of the SCC’s New Labour Trilogy

By Christopher Pigott In a previous article, we reported on the Supreme Court of Canada’s “New Labour Trilogy,” a set of three landmark constitutional law decisions released in January 2015 that raised questions about basic aspects of Canada’s labor relations system. Unsurprisingly, the decisions sparked a huge debate in the Canadian labor law community as […]

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The case for cause with a single act of employee misconduct

by Keri Bennett The Supreme Court of Canada tells Canadian employers that they must strike a balance between the severity of the misconduct and the sanction imposed when deciding whether to terminate employment for cause. So what happens when the misconduct is a single act? Can that justify termination for cause? According to the British […]

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Dishonesty: When can you fire someone for it?

by Lindsey Taylor The British Columbia Court of Appeal recently reaffirmed that dishonest conduct may be just cause for dismissal without notice. Or it may not. To determine if it is just cause, the conduct must be assessed looking at the whole context of the employment relationship.

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British Columbia court offers more lessons about employment contracts

by Monique Orieux Last year in Northern Exposure we shared five key lessons about Canadian employment contracts arising from the trial court’s decision in Miller v. Convergys CMG Canada Limited Partnership. The British Columbia Court of Appeal recently issued its decision in the case: Miller v. Convergys CMG Canada Limited Partnership, 2014 BCCA 311. Its […]

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U.S. employment agreement ruled inapplicable after transfer to British Columbia

By Katherine Pollock A recent decision of the British Columbia Court of Appeal, Stanley v. Advertising Directory Solutions, considered the rights of an employee of a U.S. company who was working for a Canadian subsidiary when terminated. The court found she was entitled to notice or pay in lieu of notice upon termination according to […]

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