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Barry B. Fisher LL.B.

About Barry B. Fisher LL.B.

Barry B. Fisher, LL.B., is a mediator and arbitrator of both employment and labour relations matters. He offers three forms of ADR based on clients’ needs: Mediation, Arbitration and Med/Arb. Barry is from the evaluative school of mediation and brings his over 30 years' experience as an employment lawyer and legal author to the dispute. In addition to his knowledge of the legal issues involved in these disputes, he also has a deep understanding of the psychological factors that motivate both employees and employers. By combining these two skills, Barry is able to achieve a settlement rate of over 80% of the disputes that he mediates.

By Barry B. Fisher LL.B. | < 1 Minute Read February 16, 2021

Two new cases on just cause

In Murphy v Factors Labs (2020 BCPC 163) Burnett J., upheld the termination of a long service factory employee who refused to wear a "Bump Cap”

Article by Barry B. Fisher LL.B. / Business, Employee Relations, Employment Standards, Payroll / common law notice, Disciplinary measures, Dismissal, employment law, just cause, Just cause termination, notice period, reasonable notice, wrongful dismissal Leave a Comment

By Barry B. Fisher LL.B. | 6 Minutes Read January 26, 2021

SCC clarifies bonus entitlements, no bad faith required

The issue of good faith and bad faith in contractual relations is distinct from the issue of calculating damages due to the failure of the employer to provide reasonable notice of termination. There was no need in this case to determine whether or not the employer acted in bad faith as the same outcome can be determined without the need to determine the bad faith issue.

Article by Barry B. Fisher LL.B. / Employment Standards, Payroll / bad faith, common law rights, compensation, damages, duty of good faith, employment contracts, employment law, reasonable notice, termination Leave a Comment

By Barry B. Fisher LL.B. | 4 Minutes Read January 18, 2021

Waksdale followed voiding entire termination clause because of “just cause” reference

In Sewell v Provincial Fruit (2020 ONSC 4406) Mandhane J. had to determine if the following clause invalidated the termination provision of an employment contract:

Article by Barry B. Fisher LL.B. / Employment Standards, Payroll / employment contract, employment law, just cause, Severance pay, termination, termination pay Leave a Comment

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