Donald Trump launches blistering attack on judges in ‘disgraceful’ travel ban hearing and calls it ‘a sad day’

Posted by Johannes Schenk on February 8th, 2017 — Posted in Litigation, Uncategorized

Donald Trump has angrily denounced the three judges hearing his travel ban appeal, describing the process as “disgraceful” and saying it was a “sad day” for the United States.

Source: Donald Trump launches blistering attack on judges in ‘disgraceful’ travel ban hearing and calls it ‘a sad day’

Trump has now impugned 5 judges including three appellate level Judges of the ninth circuit. And that is in the context of addressing Police Chiefs whose staff must deal with the judiciary everyday of their working lives. Fine for a Kingdom, not so for a Constitutional Republic.

Probationary Employee Rights

Posted by Johannes Schenk on January 16th, 2017 — Posted in Employment Law, Human Rights Law, Labour Law, Uncategorized

Ly v. British Columbia (Interior Health Authority), 2017 BCSC 42, deal with probationary employee termination rights. Surprising that this case was actually litigated given the very small amount the claim was worth. Employer termination rights are limited and the employee must be given a fair and reasonable consideration.

Workplace Accommodation is a Quasi-Constitutional Right

Posted by Johannes Schenk on December 21st, 2016 — Posted in Employment Law, Human Rights Law, Labour Law, Uncategorized

Commission de la santé et de la sécurité au travail c. Caron, 2015 QCCA 1048 (CanLII), concerns accommodation of an injured employee. The Court in this case says that the human rights legislation supersedes all other legislation and is quasi-constitutional in nature. The employer cannot remove themselves from the human rights regime on the basis of other legislation.

Suspension Can Be Constructive Dismissal

Posted by Johannes Schenk on December 19th, 2016 — Posted in Employment Law, Human Rights Law, Labour Law, Uncategorized

Source: Potter v. New Brunswick Legal Aid Services Commission – SCC Cases (Lexum)

concerns the suspension of an employee. The employer’s handling of the suspension resulted in a constructive dismissal. In determining a remedy, the Court did not reduce the notice period by pension payment amounts.

26 Months Reasonable Notice for Dependent Employee

Posted by Johannes Schenk on December 16th, 2016 — Posted in Employment Law, Labour Law, Uncategorized

Keenan v. Canac Kitchens Ltd., 2016 ONCA 79 (CanLII) concerns the amount of termination notice to be paid to a dependent employee. In this case the employer argued that the employees were independent contractors and that didn’t fly with the Court. On the facts the employees had an almost exclusive relationship with the employer and as such were treated as employees with regard to benefits. In addition, these were very long term employees and the Court found that 26 months was the appropriate notice period.