Labour Law – Page 4 – Schenk & Associates

Probationary Employee Rights

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…

Workplace Accommodation is a Quasi-Constitutional Right

by Johannes Schenk / On December 21, 2016 / 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…

Employer Good Faith Duty Applies to Incentive Plan Payout

by Johannes Schenk / On December 20, 2016 / In Employment Law, Labour Law, Litigation

Styles v Alberta Investment Management Corporation, 2015 ABQB 621 (CanLII), concerns an employer's duty of good faith in the context of an incentive plan payout. Here the employee was terminated shortly before the incentive plan payout date. Long story short…

Suspension Can Be Constructive Dismissal

by Johannes Schenk / On December 19, 2016 / 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…

26 Months Reasonable Notice for Dependent Employee

by Johannes Schenk / On December 16, 2016 / 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…

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