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December Dismissals: What are the Risks for Employers?

Lawyer Richard Johnson, Contributor. As we’ve explained elsewhere in this blog, unless there is a termination clause in her employment contract, the amount of notice or severance a dismissed employee is entitled to depends on several factors, namely: The nature of her employment Her length of service Her age The availability of similar employment, having […]

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Social Media and the Workplace: From Hiring to Firing

Lawyer Richard Johnson, Contributor. In a previous post on this site, we looked at whether an employee’s social media activity can give her employer cause to fire her. Since that time, social media channels have continued to multiply, as has their use and sometimes abuse. For those of us who are employed, or hope to […]

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Dhatt v. Kal Tire: Another (Difficult) Lesson in “Just Cause” for Employers

By Andres Barker, Lawyer. Within the field of employment law, the topic of “just cause” gets a lot of attention from legal bloggers. Our blog page alone offers several different posts on the subject. Part of the reason for this is the significant hurdles employers face in proving they had just cause to fire an […]

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Medical Marijuana in the Workplace: The More Things Change…

Change can be scary. The first question on most people’s minds when change is on the horizon is: What will this mean for me? As an employer, workplace change can be doubly overwhelming, since you need to consider not only your own interests, but also those of your employees. And when that change is imposed […]

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Does an Employee’s Duty to Mitigate Extend to Offers of Re-employment Following Dismissal?

By Andres Barker, Lawyer. It is a basic, fundamental principle of Canadian wrongful dismissal law that an employee has a duty to mitigate her losses following the termination of her employment. The essence of this duty is that a dismissed employee must look for comparable work matching her skills, qualifications and professional status. If an […]

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Top 10 Overtime Tips for Employers

Do your employees work overtime? If so… Do you know when and how much to pay them? How – and how well – do you keep track of their hours? Do you have an OT policy in place that is fair, transparent, and consistently applied? A series of class action employee lawsuits out of Ontario […]

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Should I Ask for a Criminal Record Check? 4 Tips for Employers

With contributions by Andres Barker, Lawyer. In April 2014, the BC Information and Privacy Commissioner issued a report regarding the flawed process for conducting employment-related record checks in this province (see our previous blog post here). Effective January 2015, the Vancouver Police Department adopted a new Police Information Check (PIC) policy as a result of […]

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Money (That’s What I Want): Can an Employer Recover Mistaken Overpayments from its Employees?

Lawyer Trevor Thomas, Contributor. What happens when an employer makes a payroll mistake? Can it recover accidental overpayments from its employees? The overpayment issue recently gained media attention in Canada when grocery chain Loblaws demanded that a group of workers in Surrey, BC pay back thousands of dollars after the employer made a payment error. […]

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Off-Duty Misconduct – What’s an Employer to Do?

Lawyer Erin Brandt (nee Kizell), Contributor. We thought we had missed our window to comment on the issue of employee off-duty misconduct, now that more than two months have passed since Hydro One employee Shawn Simoes was fired for his on-air harassment of a television news reporter. However, the topic is once again in the […]

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Employers, it’s Time to Stress-Test your Employment Contracts

Employment contracts are serious business. Have you stress-tested yours lately? In the case of Alsip v. Top Rollshutters Inc. dba Talius , the employer’s loosely drafted employment contract and failure to discuss key employment terms with a new employee before hiring resulted in a wrongful dismissal lawsuit, and a court order that the employer pay […]

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