By Sean Marzinzik. The BC Supreme Court recently had the opportunity to consider whether an employee’s verbal resignation was effective, or whether the employee’s subjective intentions had to be taken into account as well (Conway v. Griff Building Supplies Ltd., 2020 BCSC 1899). Background Mr. Conway was a long-term (20 year) employee who had been […]
Tag Archives | termination
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 […]
Fairness and Transparency are Key When it Comes to Bonus Entitlements on Dismissal
By Wendy Woloshyn. What happens if an employee gets fired without cause before his or her bonus gets paid? What if the employment contract says that to receive the bonus, the employee must still be employed at the time it’s paid out? The answers might surprise you. Integral and Discretionary My colleague Richard Johnson has […]
It’s Not Me, it’s You: Probation FAQs
By Kimberly Darling and Wendy Woloshyn. (Originally posted December 2018, updated February 2020) We have considered probation a number of times previously on our blog, usually from the point of view of the employer. In this post, we’re going back to basics, with what we’re calling “Probation FAQs” for employers and employees. What is probation? […]
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. […]
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 […]
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?
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.
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?
