Articles

Wrongful Dismissal Settlements and Awards: Making and Defending Mitigation Arguments, and Other Creative Solutions (CLEBC Paper)

In this paper for the 2016 CLEBC Employment Law Conference, co-author Andres Barker examines the various litigation strategies, both common and rare, for dealing with the issue of mitigation in the field of wrongful dismissal law.

Union Officials: Are They Subject to Employer Discipline?

This article by Heather Hettiarachchi explains the scope of an employer’s right to discipline union officials.

Dismissing an Employee in BC: Common Law vs. Employment Standards Legislation

In this September 2015 article for Canadian Employment Law Today, Andres Barker explains the various ways that the common law and employment standards legislation differ with respect to employee dismissal in British Columbia.

Case Law Round-up May 2014 – May 2015 (CLEBC Paper)

In this paper for the 2015 CLE Employment Law Conference, co-author Andres provided a roundup of significant or unique developments that have occurred over the previous year in the employment law field.

Firing for Cause: Disciplinary Action and Timely Warnings

This article by Heather Hettiarachchi discusses the 2011 case of Haddock v. Thrifty Foods, and offers lessons for employers wanting to dismiss employees for poor performance.

Interpretation or Enforcement of Termination Clauses that Limit Severance Pay

Jennifer wrote a paper for the 2014 CLE Employment Law Conference about the interpretation and enforcement of employment contracts that limit severance pay.

Arbitration Clauses in Employment Contracts

Jennifer wrote a paper for the 2013 CLE Employment Law Conference about arbitration clauses in employment contracts which includes a discussion of the pros and cons of such clauses and drafting suggestions.

Resignations

Simon, Jennifer and Wendy wrote a paper for the 2012 CLE Employment Law Conference about resignations that includes information about resignations vs. dismissals.

Common Pitfalls In the Written Employment Contract

Simon, Jennifer and Wendy wrote a paper for the 2011 CLE Employment Law Conference about various pitfalls of written employment agreements.

Alternative Dispute Resolution in Employment Law

Simon, Jonas and Wendy co-wrote a paper for the 2010 CLE Employment Law Conference which reviews some of the alternative dispute mechanisms available through the court system and in other legal contexts.

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