Author Archive | Simon Kent

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Interns and Volunteers: Beware of “Free” Labour

By Wendy Woloshyn. Several years ago, we wrote a blog post on what we termed the “perils” of unpaid internships. The topic was particularly…topical at the time (2014), as the Canadian Press then reported that unpaid internships were “on the rise in Canada, with some organizations estimating…as many as 300,000 people currently working for free […]

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The Duty to Relocate: How Far Does an Employee Have to Go to Find Work?

A key concept in the area of wrongful dismissal law is mitigation: following dismissal, an employee has a duty to mitigate her losses by searching for new employment. In fulfilling that duty, she must act “reasonably”. But what does “reasonably” mean in this context? Does the law require an employee to relocate in order to […]

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Let’s Call a Spade a Spade: When is an Independent Contractor really an Employee?

In this virtual era, the traditional workplace model of one site filled with many employees is gradually becoming replaced by the more modern approach of several individual workers operating remotely from a variety of locations, often home offices. The potential benefits to business owners of this alternative structure are myriad: reduced overhead, flexible work schedules, […]

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Employee Resignations: Not as Straightforward as They Seem

During a heated exchange at a contentious meeting, one of your employees tells you she’s quitting and won’t be coming back, then angrily exits the boardroom. Clearly, she’s resigned, right? The answer is…it depends.

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Better Safe Than Sorry – Top 5 Things to Include in Your Employment Contracts

The employment relationship is very much like a marriage – in an ideal world, both parties enter the union filled with excitement and hope for the future. Neither person wants to contemplate the possibility that the relationship might someday end. But the sad fact is that employee dismissal is just as much a reality as […]

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Managing Flexible Working Conditions

What: BCLMA Small Firm Round Table Discussion When: January 9, 2014, 12:00 – 1:30 pm Where: Law Courts Inn Who: Jennifer Wiegele

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Hilton v. Graham’s Farms, Ltd., 2013 BCSC 1139

Our client, a forestry worker, was dismissed without any pay or notice at the age of 41 after nearly 20 years on the job. The Court found that there was no just cause for his dismissal, and that he was entitled to 18 months notice or severance at the time of firing.

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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.

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Maghera v. Mako Wood Furniture Inc., S142970, March 25, 2013

We successfully defended an employer being sued for unpaid overtime, holiday pay and other amounts under the BC Employment Standards Act.

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Di Cicco v. Pacific Sign Group, 2013 BCHRT 26

This was another successful defence against an employer’s application to dismiss our client’s Human Rights complaint without a hearing.

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