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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Ghomeshi v. CBC: Is there any merit to his lawsuit?
With contributions by Andres Barker and Erin Brandt (nee Kizell). Thanks to widespread media coverage, it is the rare Canadian who hasn’t heard about the CBC’s recent decision to fire popular radio host and personality Jian Ghomeshi following unconfirmed allegations that he engaged in “unwanted sexual violence” with multiple women. It is that same rare […]
Employee Monitoring: How Much is Too Much? 5 Tips for Employers
With contributions by Erin Brandt (nee Kizell), Lawyer. As in most areas of our lives, technology – and particularly use of the Internet – has become a necessity on the job. But along with its workplace benefits, the Internet also brings with it a number of burdens for employers. Constant, unlimited and immediate access to […]
6 Key Changes to the Temporary Foreign Worker Program: What Canadian Employers Need to Know
In 2014, it has been next to impossible to read or watch a Canadian news report that didn’t include one story or another about an employer exploiting the federal Temporary Foreign Worker Program (TFWP). While the TFWP was created as a last (and limited) resort to allow employers to bring foreign workers to Canada on […]
How Long Can I Wait to Claim I Was Constructively Dismissed? Our Top 4 Tips for Employees
In a previous blog post, we introduced the employment law concept of condonation, and offered employers a few tips on how to avoid condoning employee misconduct (and thereby lose the opportunity to fire for cause). This week, we continue our focus on condonation, but shift our perspective to the employee and the area of constructive […]
Can I Fire an Employee for Past Misconduct? What Every Employer Needs to Know About Condonation
It is a fundamental principle of wrongful dismissal law that an employer must give a dismissed employee reasonable notice of termination, or provide her with severance pay in lieu of that notice. The exception to this rule occurs when the employer has “just cause” for dismissal – in such cases, the employer can fire the […]
New Job? 5 Things to Look for in Your Employment Contract
You have successfully completed your search for employment – let us be the first to congratulate you! While exciting, starting a new job can also be a bit overwhelming. You likely have many questions about your new workplace and the policies and processes you will be expected to follow once you arrive. For some new […]
The Cost of Doing Business: Can I Require My Employees to Pay for Their Uniforms?
Today’s blog post is the first in a series of Q&A style posts we will be presenting over the next several months. In each post, we will share a question we are commonly asked by an employer or employee (or both!) and review the relevant law to help inform you of your rights and obligations […]
What are Punitive Damages and When Does an Employer Have to Pay Them?
A fired employee can experience a wide range of emotions following dismissal: sadness at the loss of financial security and relationships with his colleagues; fear at the prospect of searching for a new job; and confusion about why she was fired in the first place. Another common reaction following termination is anger, which is typically […]
Privacy Commissioner says Criminal Record Check Process in BC is “Broken”
In a 44-page report released April 15, 2014, BC Information and Privacy Commissioner Elizabeth Denham expresses her opinion that the current process in British Columbia for conducting employment-related record checks is “broken” and not meeting the needs of citizens or employers. Denham described Investigation Report F14-01: Use of Police Information Checks in British Columbia as […]
