Labour Law – Page 5 – Schenk & Associates

Employment Termination Mitigation

by Johannes Schenk / On April 22, 2016 / 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

by Johannes Schenk / On April 5, 2016 / 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…

Court of Appeal Reduces Notice Period by Two Months

by Johannes Schenk / On March 31, 2016 / 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…

Employment Defamation at a Cactus Club

by Johannes Schenk / On March 31, 2016 / In Employment Law, Labour Law, Litigation, Professional Discipline

2016 BCSC 459 Brissette v. Cactus Club Cabaret Ltd. concerns defamation allegations made by a patron against an employee server in a Cactus Club restaurant. The case provides a thorough defamation analysis in the context of an employment situation. Usually…

Failure to Register with WCB …

by Johannes Schenk / On March 23, 2016 / In Employment Law, Labour Law, Litigation

If you hire someone to work in your home to meet your personal or domestic needs, you are considered a residential employer. Failure to register and pay premiums leaves you open to a liability risk.

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