By Richard Johnson. We have witnessed several exciting human rights debates and developments in British Columbia in recent years: from prohibitions on sexualized dress codes, to protections for childcare obligations, to the availability of menstrual product receptacles in gendered washrooms. A central purpose underlying the work of Canadian human rights tribunals and courts is to […]
Tag Archives | dismissal
Employee Off-Duty Conduct: Kent Lawyer Speaks to CBC
Drunken, heated argument about sugar daddies gets server fired — but leads to sweet payout By Liam Britten, British Columbia, CBC, November 22, 2019 Richard Johnson says he’s not surprised by a recent tribunal ruling that found a Vancouver restaurant did not have just cause when it fired a part-time server for her off-duty conduct. […]
December Dismissals: What are the Risks for Employers?
(Originally published 2015. Updated November 2019) Richard Johnson, Contributor. As we’ve explained elsewhere in this blog, unless there is a termination clause in her employment contract, the amount of notice or severance a dismissed employee is entitled to depends on several factors, namely: The nature of her employment Her length of service Her age The […]
What Are My Rights as a Pregnant Employee? 6 Things You Need to Know
(Originally published 2014. Updated February 2019.) Although often a time of excitement and anticipation, pregnancy can also bring with it an overwhelming amount of uncertainty. While we sympathize with any questions you may have about sleep training, nutrition, or discipline, we will leave these topics to the experts. What we can give you is some […]
Double Discipline: Is It Allowed?
Can an employee be disciplined and later fired for the same conduct?
Recourse under the Canada Labour Code: An Option Worth Considering
In every case of dismissal, one of the first questions to ask should be whether the Code applies. The answer is more complicated that one might think.
The Canada Labour Code vs. The Courts: The Devil is in the Details
By Richard Johnson. In Canada, most non-unionized employees have one primary means of recourse (absent a human rights claim) for challenging a dismissal: litigation through our civil court system. For non-unionized employees working in a federally governed industry such as air transportation or banking or for a First Nation, however, there are two primary options: […]
Postmedia’s Layoffs: Words to the Wise
By Fiona Anderson. As a former journalist, I can’t help but be mesmerized by the bloodletting that is happening at newspapers and television and radio stations across Canada. The only exception is the publicly funded Canadian Broadcasting Corporation. Private companies need to make money to survive and, with advertisers now having their own advertising platforms […]
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 […]
Employer Forum Recap: Recruitment and Hiring
This month marked the debut of Kent Employment Law’s Employer Forum series, an in-house resource for forward-thinking business owners and HR professionals. November’s Forum focused on recruitment and hiring with a lively discussion led by senior HR professional Heidi Eaves and business consultant Fraser Engel. With individuals from over 15 different organizations representing a wide […]
