First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

Barry B. Fisher LL.B.

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ONCA upholds 10 months notice period for short service director

In  Pavlov v. The New Zealand and Australian Lamb Company Limited, 2022 ONCA 655, the Court upheld a 10 month notice period for a 47 year old Director of Marketing Communications with just under 3 years service who was making $132,000/year plus bonuses.

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Court finds that plaintiff committed sexual harassment but no just cause and also awarded $25k in punitive damages

In Cho v. Café La Foret Ltd., 2022 BCSC 1560, Justice Shergill had a situation where a 60 year old Head Baker in a Korean bakery was found to have inappropriately touched a 20 year old subordinate on the shoulder, arm and buttocks.

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BCSC holds that putting non-compliant employee on leave for violating vaccine mandate is NOT a constructive dismissal

In Parmar v. Tribe Management Inc., (2022 BCSC 1675) Justice MacNaughton ruled that a mandatory vaccine policy introduced in October of 2021 was reasonable and that on an objective basis a reasonable employee would not have considered the policy as a substantial imposition of an essential term of the agreement.

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