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.

Employment Law

Posted by Johannes Schenk on March 16th, 2016 — Posted in Human Rights Law, Labour Law, Litigation, Uncategorized

Hey You Kids Out of that Jello Tree

Posted by Johannes Schenk on February 7th, 2014 — Posted in Employment Law, Uncategorized

Paquette v. School District No. 36 (Surrey), 2014 BCSC 205 deals with a child climbing onto and falling off of a school building roof. So every adult knows that kids will climb up roofs an every child knows that they shouldn’t do it. Should the school really be 75% liable? I wonder what happened to the staff member that was herding these kids off of the roof?

Wrongful Dismissal Reasonable Notice for Senior Older Employees

Posted by Johannes Schenk on March 12th, 2010 — Posted in Employment Law, Uncategorized

Palmer v. Clemco Industries Inc., 2010 BCSC 230 deals with the dismissal of two older, senior management level employees.

Employee 1: 60 years old, 14 year employee, service manager for a restaurant grease trap bio-remediator. 15 months reasonable notice.

Employee 2: Similar age and responsibility as an office manager. 11 month notice.