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 Termination Mitigation

Posted by Johannes Schenk on April 22nd, 2016 — Posted in Employment Law, Labour Law, Litigation, Professional Discipline

2016 BCCA 112 Steinebach v. Clean Energy Compression Corp. concerns mitigation upon employment termination. The underlying principles are well settled so I’m somewhat surprised to see this make it’s way to the Court of Appeal.

Harassing a Supervisor is not Discrimination

Posted by Johannes Schenk on April 5th, 2016 — Posted in Employment Law, Human Rights Law, Labour Law

2016 BCCA 146 Schrenk v. British Columbia (Human Rights Tribunal) deals with discrimination against a supervisor. The Court of Appeal has ruled that the Human Rights Tribunal only has jurisdiction on matters “regarding employment”. An employment relationship must exist in terms of one party being able to dictate employment terms in order to attract legislative sanction. In this case there was no employment relation of the type that would attract protection.

Court of Appeal Reduces Notice Period by Two Months

Posted by Johannes Schenk on March 31st, 2016 — Posted in Employment Law, Labour Law, Litigation

2016 BCCA 140 Munoz v. Sierra Systems Group Inc.. How can running this case have been remotely worth the time and effort to gain a two month reduction of a ten month notice period?

The case does give guidance on how to establish the rate of pay to be assigned to the notice period where there is a complicated contractual arrangement regarding bonusing amounts and benching periods.