Tag Archives | termination

0127 Kent Branding 1855 Web

Paradise Lost – Firing an Employee on Vacation

By Samantha Stepney. Are you considering firing an employee who is on vacation in order to avoid a scene at the office? We recommend that you reconsider this strategy for both legal and other reasons. Aggravated Damages All employers owe their employees a duty of good faith and fair dealing in the manner of termination. […]

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0127 Kent Branding 1855 Web

A Dismissed Employee’s Right to Notice or Severance: A Review of The Basics

By Samantha Stepney. Many employees who seek our advice following termination are surprised to learn that so long as their employer has not violated any human rights laws, the employee can be fired for any reason. If the reason amounts to “just cause” – which includes things like theft and insubordination – the employee is […]

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David Brown KEL Lawyer Kelowna

The Challenge of Terminating for Cause: Stock v. Oak Bay Marina Ltd.

What’s the difference between a termination with cause and without? Read David Brown’s post and find out.

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0159 Connect And Kent 9389 Web

Fixed-Term Employment: Manage the Risks and Respect Your Employees

Some employment contracts specify an end date, some don’t. Why do employers choose one or the other? At the end of the day, is there any difference?

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Erin Brandt Simon Kent

Workations: A Path Towards Sustainable Employment?

Workations as a concept are nothing new. Employees, executives and business owners brought paperwork with them on holiday and maintained remote contact with the office long before we entered the Digital Age.

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Erin Brandt

Probation: Why Bother?

We’ve weighed in previously on the issue of probationary employment and employers’ duties – and employees’ rights – in that context. A recent BC Supreme Court decision inspired us to consider the issue from a different perspective. Put simply: Are probationary periods necessary or advisable?

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Karmel v. Calgary Jewish Academy: When Cause Allegations Become Bad Faith Conduct

Lawyer Erin Brandt (nee Kizell), Contributor. At the risk of repeating ourselves (see previous posts on just cause dismissals here and here), this week’s blog post revisits the topic of just cause and the potential for financial disaster when an employer makes unfounded allegations against an employee. In a recent, high-profile employment law decision from […]

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off duty 1

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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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.

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“I Quit”: When Does an Employee Have to Give Notice of Resignation?

By Andres Barker, Lawyer. Many employees who leave a job voluntarily refer to handing in their “two weeks’ notice” that they are quitting. But is this practice actually required by law? It’s a question we often hear from resigning employees. Unlike the notice of termination requirements imposed on employers by employment standards legislation, there is […]

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