Blog

blog childcare 2

Employee Childcare Obligations: A Matter of Human Rights

Lawyer Richard Johnson, Contributor. With increasing public awareness and understanding of the concept of “human rights” over the past several decades, most Canadian employees now know that laws exist to protect them from harassment or discrimination in the workplace. For those employees who aren’t familiar with Canada’s human rights regime here’s a very brief overview: […]

Continue Reading ·
commissions3

Steinebach v. Clean Energy: What Are a Commissioned Employee’s Severance Entitlements?

Lawyer Trevor Thomas, Contributor. When it comes to calculating an employee’s entitlements on termination, the primary focus tends to be on how many months of severance (or notice) the dismissed employee should receive. A secondary but equally important aspect of the calculation is what types of compensation should be included in the final severance amount. […]

Continue Reading ·
atomic1

Wilson v. Atomic Energy of Canada Ltd.: Is a “Without Cause” Dismissal also “Unjust”?

By Andres Barker, Lawyer. A recent Federal Court of Appeal decision has provided some clarity on the meaning of an “unjust dismissal”, and in doing so offers some added piece of mind to employers in federally regulated industries who want to make adjustments to their labour force. Background Employees who work in industries such as […]

Continue Reading ·
atwill1

“At-Will” vs. Employee Protections: Tips for US Employers Operating in BC

With contributions from Erin Brandt (nee Kizell), Lawyer. Living in Canada, many of us take for granted the idea that, absent serious misconduct, a fired employee is entitled to some form of compensation on termination, commonly referred to as “severance”. In British Columbia, as in most other Canadian provinces, an ex-employee’s severance rights arise under […]

Continue Reading ·
suitability2

What’s Fair? Severance and Probationary Employees

With contributions from Richard Johnson, Lawyer. Consider this scenario: Your new employee isn’t working out quite the way you had hoped. You’ve made the tough decision that it’s better for everyone – you, him, the Company – if you end the employment relationship now. Since he’s only been with you for six weeks, you’re not […]

Continue Reading ·
context 1

Just Cause: Consider the Context

With contributions from Trevor Thomas, Lawyer. While the phrase “just cause” has become a part of the public lexicon (so much so that it has been used as the title of a popular action-adventure video game), the term actually has a specific legal meaning that few non-lawyers are fully familiar with. In fact, in our […]

Continue Reading ·
Steel 1

Steel v. Coast Capital Savings Credit Union: Did the Penalty Fit the Crime?

By Andres Barker, Lawyer. For the second time this year, the British Columbia Court of Appeal has ruled on the issue of whether dismissal without notice can be warranted for a single act of misconduct. (See our previous blog post on Roe v. BC Ferries for a discussion of the first.) In this blog post […]

Continue Reading ·
manager-clockOT

Manager or Employee – Why Does It Matter?

With contributions by Trevor Thomas, Lawyer. You’ve just been offered a promotion to [Fill in the Blank] Manager – congratulations! If you’re lucky, your change in job title will bring with it increased compensation and authority. In British Columbia, there are also employment law implications to holding a management position. This post deals with some […]

Continue Reading ·
ref letter 1

Employer Reference Letters: What Are You Afraid Of?

When it comes to writing reference letters, the current employer mindset seems to be “If you can’t say something nice, don’t say nothing at all” – also known as Thumper’s Rule. Some employment lawyers have echoed this advice. It seems that an almost paralyzing fear of the (more imagined than real?) repercussions of giving a […]

Continue Reading ·
justice.Roe

Roe v. BC Ferries: A trifling theft is still a theft

By Andres Barker, Lawyer. In a judgment issued earlier this year, the British Columbia Court of Appeal reversed a trial judge’s decision that a senior level employee was unjustly dismissed after giving away free food vouchers to his daughter’s sports teams. The plaintiff was the manager of the Duke Point ferry terminal for approximately 4.5 […]

Continue Reading ·

NOT LEGAL ADVICE. Information made available on the Kent Employment Law website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action, based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. One of our lawyers would be pleased to discuss any specific legal concerns you may have.