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  • News
  • August 1, 2017
  • Comments Off on New Amendments to the Occupational Health and Safety Regulations

New Amendments to the Occupational Health and Safety Regulations

The Occupational Health and Safety Regulation (“OHSR”) under the Workers Compensation Act, (the “Act”) has been amended to add new provisions requiring an annual written evaluation by the employer of joint health and safety committees, minimum training requirements for new…

  • News
  • July 12, 2017
  • Comments Off on Alberta Court of Appeal Overturns Trial Court Decision on Good Faith Requirement when Dismissing an Employee without Cause

Alberta Court of Appeal Overturns Trial Court Decision on Good Faith Requirement when Dismissing an Employee without Cause

The Alberta Court of Appeal has rolled back a controversial trial court decision which had applied recent developments in the law to award damages to a dismissed employee for the lost opportunity to earn a payment under a long-term incentive…

  • News
  • January 5, 2017
  • Comments Off on No Resignation + No Failure to Mitigate = Damages

No Resignation + No Failure to Mitigate = Damages

An employee who emailed his manager that he “will not be returning” did not quit, according to a recent BC Supreme Court decision. Mark Bishop was a 61 year old buyer for an electrical products retailer, Rexel Canada Electrical, with…

  • News
  • December 15, 2016
  • Comments Off on Court Finds Employer/Employee Relationship notwithstanding Contract between Two Corporations

Court Finds Employer/Employee Relationship notwithstanding Contract between Two Corporations

The BC Supreme Court recently held that a contract between two corporations was essentially a contract of employment and awarded severance on termination of the contract. The court held that Tim Fernback, working through his incorporated entity TCV Ventures Corp….

  • News
  • December 7, 2016
  • Comments Off on Employee Failed to Mitigate after Rejecting Full-time Work in Favour of a Part-time Position

Employee Failed to Mitigate after Rejecting Full-time Work in Favour of a Part-time Position

An employee’s entitlement to severance arising from her wrongful dismissal ended when she accepted employment from a new employer on a part-time basis, even though the new employer offered her full-time work. In Schinnerl v. Kwantlen Polytechnic University, 2016 BCSC…

  • News
  • October 12, 2016
  • Comments Off on YEAR-LONG HIATUS AND HANDBOOK DID NOT LIMIT EMPLOYEE’S LENGTH OF SERVICE OR SEVERANCE

YEAR-LONG HIATUS AND HANDBOOK DID NOT LIMIT EMPLOYEE’S LENGTH OF SERVICE OR SEVERANCE

An employer was not permitted to discount an employee’s period of employment due to her break in employment when determining her severance entitlement because the employer had agreed to recognize her earlier service. Further, an employee handbook which purported to…

  • News
  • September 28, 2016
  • Comments Off on New Lobbyist Act goes into Effect in Saskatchewan

New Lobbyist Act goes into Effect in Saskatchewan

On August 23, 2016, Saskatchewan’s Lobbyist Act was proclaimed, making Saskatchewan the last of the four Western provinces to enact lobbyist legislation. Administered by the Office of the Registrar of Lobbyists, the Act is intended to ensure that all lobbyists…

  • News
  • August 18, 2016
  • Comments Off on Supreme Court of Canada: Federally Regulated Employees Protected From Most without Cause Terminations

Supreme Court of Canada: Federally Regulated Employees Protected From Most without Cause Terminations

The Supreme Court of Canada has recently resolved conflicting case law to hold that federally regulated employees cannot be dismissed without cause, absent a lay off due to “lack of work” or the “discontinuance of a function”. Under the Canada…

  • News
  • August 12, 2016
  • Comments Off on UBC’s Failure to Accommodate Medical Student’s Disability Leads to Reinstatement, $385,000 for Lost Wages and $75,000 Injury to Dignity Award

UBC’s Failure to Accommodate Medical Student’s Disability Leads to Reinstatement, $385,000 for Lost Wages and $75,000 Injury to Dignity Award

The B.C. Court of Appeal has upheld a decision that determined the University of British Columbia failed to accommodate the disabilities of a student in its Faculty of Medicine. Dr. Kelly was a resident in the UBC post-graduate training program…

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