Proposed Amendments to the Employment Standards Act
On April 9, 2018, the Minister of Labour introduced the Employment Standards Amendment Act, 2018 (Bill 6), which proposes amendments to the Employment Standards Act, extending leaves of absence to employees. During leaves of absence recognized by the ESA, employers…
B.C. Court of Appeal clarifies standard for award of aggravated damages based on mental distress in wrongful dismissal cases
The B.C. Court of Appeal recently reversed a lower court decision and ruled that the “ordinary psychological impact” one experiences upon being terminated from a job is not compensable as aggravated damages. The plaintiff, Mr. Lau, brought a wrongful dismissal…
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…
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…
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…
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….
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…
Failure to Mitigate Results in Reduced Damages for Wrongfully Dismissed Employees
The BC Supreme Court held that where a plaintiff makes no or minimal efforts to mitigate after being wrongfully dismissed, the employer may be relieved of the obligation to prove that reasonable efforts may have yielded employment. In Logan v….
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…
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…