Contractors May Be Entitled to Reasonable Notice of Termination
A recent BC Supreme Court decision confirms that contractors who are in an economically dependent relationship are entitled to reasonable notice of termination or pay in lieu of notice.
Employer Sponsorship of Men-Only Ski Event Found to be Discriminatory
Sometimes even your best marketing ideas can land you in hot water with the Human Rights Tribunal. Systemgroup Consulting Inc. sponsored a customer appreciation day that was for men only.
Consider this scenario: Your employee says he is not feeling well and will be taking a few days off work. After a few days, however, the employee does not report to work. Days turn into weeks, and he is still a no-show.
Typically, a terminated employee is owed damages for any benefits that they would have earned during their reasonable notice period, such as commissions or pensions. In Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26, the Supreme Court found that the provisions of an incentive plan were not sufficiently clear to remove the employee’s right to damages for lost incentive plan benefits.
BC Human Rights Tribunal dismisses complaint in Kirk v. Burnaby Hospice Society, 2019 BCHRT 5
In Kirk v. Burnaby Hospice Society, 2019 BCHRT 5, Lesperance Mendes successfully dismissed a human rights complaint brought by a former employee of a non-profit hospice society. The Burnaby Hospice Society provides support and services to palliative patients at the end of life, along with their families.
Human Rights Tribunal of Ontario Upholds Termination of Employee Using Medical Marijuana
The Human Rights Tribunal of Ontario has ruled that an employee does not have an absolute right to smoke marijuana at work, even for legitimate medicinal purposes. An employer is not required to accommodate an employee’s preferences with regard to using cannabis if doing so would amount to undue hardship.
Workplace Harassment: Preventing and Responding to Complaints
Employers have an obligation to create and maintain a harassment-free work environment. This article explains how to prevent and respond to complaints.
Guidelines for Employment Terminations in British Columbia
This article outlines British Columbia’s guidelines for employment terminations with and without cause.
Commentary – What you’re owed if you get laid off
This article was published in The Northern Miner, Vol. 95, No. 2, March 2-8, 2009.
Employment Standards Act in British Columbia: Terminations
This article outlines the minimum termination notice requirements under the employment standards legislation. The article also explores the advantages of having a written employment contract which adopts the minimum notice requirements to avoid paying lengthy service obligations when terminating an employee.
Does your employment contract meet the minimum standards of the Employment Standards Act?
Employers should always ensure that they enter into written employment contracts with their employees. One of the key reasons is the ability limit reasonable notice or severance upon termination to the minimum requirements under the Employment Standards legislation enforced in each of the Canadian Provinces and Territories.
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