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

termination without cause

By | 3 Minutes Read

Off-duty drunk driving not just cause for termination – Even for a firefighter

In Klonteig v West Kelowna (District), the British Columbia Superior Court found that an employer that terminated a firefighter for driving drunk in a fire department vehicle while off duty did not have just cause to terminate his employment.

By | 4 Minutes Read

BC Court of Appeal clarifies employee’s duty to mitigate and necessary deductions for “avoided,” and “avoidable”, loss

A recent BC Court of Appeal decision is a good reminder and summary of the principles underlying an employee’s duty to mitigate following a wrongful dismissal, and confirms that post-termination income in excess of supplementary income that an employee has earned while employed is properly deducted from a wrongful dismissal damages award.

By | 4 Minutes Read

ONCA affirms an offer of employment by the purchaser of business assets to an employee of the seller is valid consideration for a new employment contract

Where the purchaser of all or part of the assets of a business offers employment to a seller’s employee, and the employee accepts, the following common law rule applies: the employee’s employment with the seller is constructively terminated, and a new contract of employment is entered into with the purchaser.

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