British Columbia Court of Appeal

Sex based discrimination and poisoned work environment

February 24, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, Union Relations, Wages and Compensation

Does an employee have to be “sexually” harassed in order for there to be a breach of the Human Rights Code? This issue was determined in a recent decision from the Human Rights Tribunal of Ontario.

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Context is key: New trial for dismissed CIBC employee

September 8, 2015 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

In a decision handed down April 27, 2015, the British Columbia Court of Appeal ordered a new trial. In particular, the court found that the trial judge had misapprehended the evidence and CIBC’s legal arguments, such that the trial judge’s overall conclusion could not stand.

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Picky, picky: How selective can a dismissed employee be in mitigation efforts?

March 14, 2014 Earl Altman Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

When advising a wrongfully terminated employee as to her legal rights and obligations, I always point out that a wrongful dismissal claim is not like winning the lottery. While employers are obligated to provide reasonable notice of termination or payment in lieu of such notice, terminated employees must make “reasonable efforts” to find new employment. As is often the case, the devil is in the details. What must a dismissed employee do to meet her obligation to mitigate? What have courts determined to be reasonable steps? What conduct has been held to be unreasonable? From whose perspective will reasonableness be judged–the employers or the employees?

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Appeal court finds compensation for loss during notice period trumps shareholders’ agreement

July 10, 2013 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

A recent decision by the British Columbia Court of Appeal highlights the importance of carefully crafting written employment agreements whenever shares are issued as part of employee compensation.

Court of appeal rejects ‘double counting’

September 21, 2010 Earl Altman Employment/Labour Standards, Human Resources

Most employers understand a claim for damages for wrongful dismissal as arising from the termination of an employee’s employment without adequate cause or notice. It can be argued that this in fact reflects a misconception of the nature of the employment contract. Except in certain limited cases of federally regulated companies,…

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