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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 […]

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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 […]

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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 […]

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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 […]

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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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Employees, Social Media and Just Cause: Lessons for Employers

It’s never wise to badmouth your boss. Doing so on social media can be downright dumb. But does it amount to just cause for dismissal? In some cases, absolutely. A number of labour decisions over the past several years have considered how an employee’s off-duty social media activity can damage an employer’s business or reputation […]

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Fixed-Term Employment Contracts: What Are the Risks for Employers?

With contributions by Erin Brandt (nee Kizell), Lawyer. Some employment contracts specify an employment end date, and others don’t. Why should employers choose one or the other? At the end of the day, is there really any difference? Often, an employer and employee will enter into their new working relationship hopefully, with the expectation that […]

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Note to Employers: The Duty of Good Faith Extends to More than Employment Contracts

Employment lawyers (and hopefully, their employer clients) are well familiar with the good faith concept in the employment context. In 2008, the Supreme Court of Canada confirmed that there is an implied term of good faith in all employment contracts governing the manner of termination. Specifically, when dismissing an employee, an employer should not engage […]

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What Happens When an Employer is Dissolved by Statute? Case Commentary: Maxwell v. British Columbia

Contributor, Trevor Thomas, lawyer. What happens to my severance package if my employer is dissolved by statute? As abstract and unlikely as this question might at first glance appear, it was in fact recently considered by the British Columbia Court of Appeal in the case of Maxwell v. British Columbia. Beverley Maxwell was employed by […]

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Was it Worth It? Jan Wong’s Costly Breach of Confidentiality

When settling a wrongful dismissal claim out of court, employees are typically asked by their employer to sign a release or agreement that outlines the settlement terms. Such documents often impose an obligation of confidentiality on the employee, whereby she agrees not to disclose to anyone the details of the parties’ settlement. The incentive for […]

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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.