offer of employment

British Columbia Supreme Court rules on reasonable notice when an employee is terminated before their first day of work

December 5, 2017 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring

In Buchanan v. Introjunction Ltd., 2017 BCSC 1002, the Court considered a case where the employer terminated the plaintiff’s employment before he commenced work. The Court rejected employer’s argument that the probation period clause applied to limit its liability to provide notice of termination of employment.

employment agreement, employment law, Notice, Notice of termination, offer of employment, Probation period, reasonable notice, termination, wrongful dismissal

Ontario Court of Appeal confirms offer of employment is consideration after an asset sale

November 22, 2017 Simon Heath, BA, MIR, LLB, Heath Law Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring

This case is a useful reminder that in asset sales, as opposed to share purchases, the purchasing employer is not obligated to hire all the vendor’s employees.

asset sale, consideration, employment contract, employment law, ESA, offer of employment, ontario employment standards act, Termination clause

Probationary period clause gets employer into hot water

March 14, 2017 Doug MacLeod, MacLeod Law Firm Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation

Including a probationary period clause in an employment contract is not a good idea unless your organization is prepared to assess the suitability of the employee during the probationary period. Failure to do so can result in your organization being ordered to provide a probationary employee with common law reasonable notice of termination. This blog discusses one such case.

employment contract, employment law, Ly v. British Columbia (Interior Health Authority), Notice of termination, offer of employment, probation, probationary clause, probationary employee, probationary employee assessment, probationary employee suitability, probationary period, probationary period clause, reasonable notice of termination, termination pay

Can NAFTA address your company’s labour shortages

November 14, 2016 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation

Many Canadian companies face ongoing labour shortages in a variety of positions. The frustration of their recruiters and HR professionals is palpable, for despite offering above average wages, group benefits and other perquisites of employment, finding quality personnel to fill vacancies is harder than ever for some professions. One possible solution is often overlooked.

Employer Compliance Fee, employment law, HR professionals, Labour Market Impact Assessment, labour shortages, NAFTA, NAFTA Professional, North American Free Trade Agreement, offer of employment, work permit

Employers, be careful what you say during pre-employment discussions, it may cost you

September 30, 2016 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Union Relations

The Supreme Court of British Columbia recently decided that misleading or inaccurate statements made by an employer during pre–employment discussions can result in liability for negligent misrepresentation. In the case before the court, an erroneous statement was made by the representative of the Defendant employer during a pre–employment phone conversation. The statement in question was in reference to the Plaintiff’s eligibility for the Defendant’s long–term disability benefits plan. As a result, damages awarded to the Plaintiff for the negligent misrepresentation totalled nearly $100,000.

Duty of care, employee benefits, employment law, liability for negligent misrepresentation, long–term disability benefits plan, LTD benefits plan, negligent misrepresentation claim, offer of employment, pre–employment discussions, standard of care

Make whole remedies and good faith crucial to mitigation

August 8, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

A recent decision of the BC Court of Appeal provides a cautionary tale for BC employers seeking to remedy a potential wrongful dismissal.

"make whole" remedy, Bhasin v. Hrynew, damages, employment law, employment relationship, good faith, honesty in contractual dealings, layoff, mitigation, offer of employment, offer of re-employment, Potter case, Potter v. New Brunswick Legal Aid Services Commission, recording conversation with employee, termination, wrongful dismissal

Severance limiting clauses CAN work especially in employment agreements

February 2, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Wages and Compensation

A recent Ontario Superior Court decision reinforces some basic principles previously discussed on this Blog (and unfortunately often missed or forgotten by employers). In Asgari v 975866 Ontario Ltd, a motion for summary judgment was decided in the Plaintiff’s favour. One issue was whether a clause, purporting to limit the Plaintiff’s pay in lieu of notice entitlements to the statutory minimum, was enforceable.

employee handbook, employment agreements, employment law, employment standards act, offer of employment, pay in lieu of notice entitlements, properly drafted severance clause, summary judgment, termination, terminations

Better the devil you know? employee’s obligation to accept an alternate position

April 22, 2014 Earl Altman Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

Ever since the Supreme Court of Canada decision in 2008 in a case Evans v. Teamsters Local Union, the courts have recognized the obligation of an employee, in certain circumstances, to accept an offer of alternate employment from their employer following dismissal. This has put many employees in the awkward position of determining whether or not the offer of employment is one that must be accepted based on the Evans’ reasoning. The difficulty faced by many employees’ counsel is the degree of difference in the position being offered, and whether such difference justifies the employee rejecting the offer of employment.

atmosphere of hostility, Bonus entitlement, breach of contract, change in compensation, comparable job, constructive dismissal, Dismissal, duty to mitigate, economic efficiency, embarrassment or humiliation, employee’s obligation to accept an alternate position, employee’s performance, employment law, Evans v. Teamsters Local Union, failure to mitigate, Farwell v. Citair Inc., HR Law, offer of employment, Purchasing Manager’s position, reasonable efforts to find a job, reporting requirements, salary and benefits, Supreme Court of Canada, termination, terminations, working conditions

Do you need a social media policy?

June 4, 2013 Michele Glassford Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring

It is understandably frustrating for employers and human resources managers to try keep up with social media trends. It seems that as soon as employers (or anyone over the age of 25) has figured out the latest social media tool, the masses have moved on to the next one. Likewise it is almost impossible to amend or adapt a “social media” policy with each shift in trend.

conduct and behaviour, confidentiality, employee handbook, employment law, Google, human resources managers, invasion of privacy, job candidates, marketing strategy, offer of employment, online, policy and procedures, policy manual, privacy policy, recruiters, recruitment and selection policy, social media, social media policy, social media research of candidates, social media trends, social networking sites, workplace harassment

CIC issues operational bulletin on temporary foreign worker program amendments

April 21, 2011 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources

On August 4, 2010, the governor-general-in-council published amendments to the Immigration and Refugee Protection Regulations, which were expected to adversely affect many temporary foreign workers; these regulatory amendments became effective on April 1, 2011. On April 1, 2011, Citizenship and Immigration Canada (“CIC”) issued Operational Bulletin 275-C, which provides operational instructions to both CIC and the Canada Border Services Agency in relation to these recent regulatory amendments.

Canada Border Services Agency, Citizenship and Immigration Canada, employment law, Foreign workers, HRSDC, Human Resources and Skills Development Canada, Immigration and Refugee Protection Regulations, Immigration Law, Live-in-caregiver program, LMO, offer of employment, Operational Bulletin 275-C, temporary foreign worker, work permit