Tag: British Columbia Supreme Court

An abbreviated case for cause

by Keri Bennett We all know litigation is expensive. That’s particularly true when an employer seeks to justify a for-cause termination. But there may be an alternative to protracted litigation. In Cotter v. Point Grey Golf and Country Club, the British Columbia Supreme Court proceeded in an abbreviated way. It recently allowed a for-cause termination […]

Print

Case signals lower threshold for mental distress when cause allegation fails

By Thora Sigurdson The British Columbia Supreme Court recently awarded damages for mental distress in the context of a termination for cause. The decision in George v. Cowichan Tribes signals that it may be easier to establish such a claim when there is a just cause allegation that fails, compared with terminations without cause. It […]

Print

Employer obtains injunction to prevent misuse of its confidential information

by David McDonald When an employee announces that he or she is resigning in order to go work for a competitor, it is only natural for an employer to become anxious—particularly when the departing employee has access to the business’s confidential information. Complicating matters further is the technological ease with which an employee can wrongfully […]

Print

Punitive damages awards increasing in Canadian employment cases

By David McDonald In wrongful dismissal cases in Canada, punitive damages awards are available only in exceptional situations. That’s what the Supreme Court of Canada said in 2008 in Honda Canada v. Keays. The employer’s conduct in the course of termination must be proven to be harsh, vindictive, reprehensible, and malicious. Despite this high threshold, […]

Print

Aspects of Attendance Management Program Ruled Discriminatory

By David Wong Attendance management programs themselves aren’t discriminatory — they just need to be carefully designed and properly applied. Such is the latest conclusion in continuing litigation between Coast Mountain Bus Company Ltd. and the Canadian Auto Workers, a battle over an attendance management program covering transit operators in the Greater Vancouver region in […]

Print

Foreign Employee Working at Canadian Affiliate Entitled to Large Severance

By Bruce Grist and Derek Knoechel The transfer of employees from foreign-based companies to Canadian-based affiliates is an increasingly common feature of the Canadian labor market. Many employers are familiar with the often complicated process of obtaining the necessary work permits for such employees at the beginning of the transfer. However, ending the relationship between […]

Print

Managing LTD Claims: Less Pain, More Gain

By Suzanne Porteous and Wendy Wang The bad news is that one of your employees has just commenced a long-term disability (LTD) leave. You may well have concerns like: (1) Will the employee ever return to work? (2) If so, when? (3) What accommodations would be needed to allow a return to work? (4) What […]

Print

Does Temporary Layoff Result in Right to Severance Pay?

By Derek Knoechel In early 2008, the owner of a dental practice, having recently purchased the business, faced some difficult choices. Given what appeared to be a temporary downturn in revenues, the owners decided on a temporary layoff. While permitted by employment standards laws, the employer in the recent case of Besse v. Dr. A.S. […]

Print