News
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
Employer’s Discretion to Dismiss Probationary Employee “Cannot be Questioned”
A recent Ontario decision confirms that the term “probation” has a recognized meaning in employment law and that employers have wide discretion to determine an employee’s suitability during the probationary period. In Nagribianko v. Select Wine Merchants Ltd., 2016 ONSC 490, an employee entered into an employment agreement which included a six-month probationary period. Mr. […] Read more
Employer’s financial difficulties do not justify 40% salary reduction; Employee awarded 23¾ months’ severance.
An employer’s financial difficulties do not permit it to unilaterally reduce an employee’s salary, according to a recent Ontario Superior Court decision. The Court awarded the employee nearly 24 months’ severance, the upper limit for severance awards in Canada. George Ziten was employed by Sadie Moranis Realty Corp. (“SMRC”) for 17 years, most recently in […] Read more
“BYOD” or Bring Your Own Device to Work Programs – Risk or Reward?
The British Columbia, Alberta and Federal Privacy Commissioners are reminding employers that Bring Your Own Device Programs or “BYOD” invite significant risks to privacy and security and have issued guidelines to help business that are considering implementing such programs. Under a typical BYOD program, an organization authorizes its employees to use their own personal mobile […] Read more
Employment Contract Termination Clause is “Long and Complicated” but not Ambiguous
A recent decision from the B.C. Supreme court is a good reminder to employers that a properly drafted employment agreement can save considerable severance costs in respect of dismissed employees. In Damani v. Stuart Olson Construction Ltd., 2015 BCSC 2322 (CanLII) the court held that an employment agreement which purported to limit an employee’s severance […] Read more
Band Employee Awarded Severance for Unjust Dismissal
In a recent decision under the Canada Labour Code Part III, an adjudicator held that an employee of the Horse Lake First Nation Band (“the Band”) was constructively dismissed and awarded her more than 10 months wages as damages. Tina Horseman filed a complaint claiming “unjust dismissal” with the federal Labour Branch of HRSDC. Ms. […] Read more
BC Supreme Court decides wrongful dismissal case awarding Plaintiff substantial damages
The British Columbia Supreme Court awarded a 32 year old project consultant and account manager almost $94,000 in damages, after finding she was wrongfully dismissed. Karena TeBaerts was employed for approximately 11 years by Penta Builders Group Inc. (“Penta”), a small, family run home building and real estate development company. Penta also employed Ms. TeBaerts’ […] Read more
Less is More – “Loyalty Incentives” Upheld
Canada’s big five banks and the financial planning industry will benefit by paying close attention to the difference between a “loyalty incentive” and a restraint of trade, as canvassed thoroughly by the Ontario Superior Court in Levinsky v. The Toronto-Dominion Bank, 2013 ONSC 5657. Levinsky, a managing director with TD Securities Inc., resigned his employment and then […] Read more
