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Author Archive Johannes Schenk
Article By Johannes Schenk

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Dunsmuir and the Public Office Holder

by Johannes Schenk / On May 2, 2008 / In Employment Law, Human Rights Law, Labour Law
The Dunsmuir case adds another interesting change to the administrative law landscape. The decision deals with procedural fairness and termination of a public office holder. The decision holds that if the employment relationship is contractual in nature that procedural fairness…

They Love Me They Loves Me Not

by Johannes Schenk / On May 1, 2008 / In Employment Law, Human Rights Law, Labour Law
Mitigating a termination is one of those thorny issues that just got more thorns. Generally, upon termination an individual is expected to mitigate the loss by finding alternative work to make up for the present employment loss. Probably the last…

You Thought You Had a Bad Day

by Johannes Schenk / On April 27, 2008 / In Human Rights Law
See this Washington Post article about the Saudi Blogger who was in jail for four month without charge.

Dunsmuir Affects the Administrative Tribunals Act

by Johannes Schenk / On April 25, 2008 / In Employment Law, Human Rights Law, Labour Law, Municipal Law
The ATA dictates procedure and standards of review for many BC tribunals. Interesting question is how the Dunsmuir case affects statutorily prescribed standards of review. Now you have your answer in, Howe v. 3770010 Canada Inc., 2008 BCSC 330. The…

Search and Seizure: Sniffer Dogs

by Johannes Schenk / On April 25, 2008 / In Employment Law, Human Rights Law, Labour Law, Municipal Law
The Supreme Court of Canada released two important decisions concerning search and seizure using sniffer dogs that will no doubt affect the way employers can search employee property and "private spaces" such as bags, knapsacks, locker spaces, change rooms, cars…
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