News
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 Labour Code (the “Code”), which applies to federally regulated employers, a non-union employee in a […] Read more
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 in family medicine. He suffered from attention deficit hyperactivity disorder as well as a non-verbal […] Read more
Employer’s Contract Breach renders Non-Competition Clause Unenforceable against former employee
A recent decision of the BC Supreme Court is a good reminder that employers that wish to rely on non-competition or non-solicitation clauses in their contracts with former employees should comply with other aspects of the contract or risk the clauses being held unenforceable. In P.R.I.S.M. v. Kramchynski, 2016 BCSC 883, the employer, by failing […] Read more
Ontario Nurse Suspended for Privacy Breach
A recent decision from Ontario has highlighted the serious nature of privacy breaches and the need for employers to be vigilant about their employees’ access to personal and sensitive information. The College of Nurses of Ontario recently ruled that a nurse charged under Ontario’s Personal Health Information Protection Act (PHIPA) committed professional misconduct by […] Read more
Employer’s “Over-Reaction to a One-Off Event” Results in Six Months’ Severance to Short Term Employee
An employer’s “overblown reaction” to an employee’s “inappropriate” and “unfortunate” conduct did not permit it to dismiss the employee for just cause or rely on the “inaccurate and misleading” termination documents signed by the employee on the day of his termination. In Saliken v. Alpine Aerotech Limited Partnership, 2016 BCSC 832, the plaintiff was a […] Read more
BC Court of Appeal Rules not all Workplace Discrimination is within the Jurisdiction of the Human Rights Tribunal
The BC Human Rights Tribunal had no jurisdiction over a workplace discrimination complaint made by a supervisor against an employee who had no ability to force the supervisor to endure such conduct, the BC Court of Appeal has held. In Schrenk v. British Columbia Human Rights Tribunal, 2016 BCCA 146, the complainant, a civil […] Read more
Privacy Rights: Seek Consent Before Posting Employees’ Photographs on the Company Website
In today’s age of social media, many or most of a company’s employees may already have their photos posted on the internet. Privacy legislation still requires an employer to seek consent, however, before posting photos of employees online. A company website is an incredibly useful resource for attracting business, providing access to information about the […] Read more
Court Provides Cautionary Tale to Employers: Good faith required even when dismissal without cause
An Alberta Court ruled that, while an employer has the discretion to dismiss an employee without cause, it must do so reasonably and in good faith and in a manner that is neither “capricious” nor “arbitrary”. The Court in Styles v. Alberta Investment Management Corp., 2015 ABQB 621 relied on the Supreme Court of Canada’s […] Read more
