In Wilste v Saestar Chemicals ( 2020 BCSC 658) Saunders J. determined that an employee fired without cause in July of 2018 was entitled to 16 months notice. About 1/3 of his total comp was pursuant to a bonus plan which had a clause which said that in order to be entitled to a bonus payment, the employee had to be employed as of March 31st, the end of the fiscal year.
Archives for November 2020
We are finally starting to see how the first labour and employment cases have grappled with COVID-19 in the workplace. One such decision is Garda Security Screening Inc. v. IAM, District 140 (Shoker Grievance) ( O.L.A.A. No. 162), an arbitral award centred on staff working at an airport. The Shoker Grievance stems from a bulletin entitled "Know the Difference: Self -- Monitoring, Self -- Isolation, and Isolation for Covid -- 19 guidelines" (the “Health Bulletin”) which was distributed by Garda to its workers in late March 2020.
The pandemic continues to necessitate work from home in many workplaces. Many of these workplaces had never contemplated work from home and were flying by the seat of their pants as they set employees up.