Labour Law – Page 7 – Schenk & Associates

Statutory Interpretation

by Johannes Schenk / On September 17, 2014 / In Employment Law, Labour Law

British Columbia Hydro and Power Authority v. Workers’ Compensation Board of British Columbia has the BC Court of Appeal dealing with a matter of statutory interpretation. Two statutory sections dealing with employer duties had to be read in the context…

Vancouver Police Board Liability

by Johannes Schenk / On May 27, 2014 / In Employment Law, Human Rights Law, Labour Law, Litigation, Municipal Law, Professional Discipline

Gulkison v. Vancouver Police Board, 2014 BCSC 669 , concerns liability of the Board of Police Commissioners for actions of City of Vancouver Police Department members. Justice Burnyeat held that the Vancouver Police Board is liable for any liabilities or…

Employment Termination Agreement and Restraint of Trade

by Johannes Schenk / On March 15, 2014 / In Employment Law, Labour Law, Litigation

Rhebergen v. Creston Veterinary Clinic Ltd., 2014 BCCA 97 concerns a form of post-employment non-competition agreement. These types of agreements being in the nature of a restraint on trade must be reasonable. Courts will hold overbroad conditions unenforceable. Be careful…

Unilateral Post-Retirement Benefit Reduction Open to Class Action Lawsuit

by Johannes Schenk / On February 21, 2014 / In Employment Law, Labour Law, Litigation

Vivendi Canada Inc. v. Dell’Aniello indicates that post-retirement benefit reductions are suitable matters for class actions.

Pension benefits Are Not Deducted From Reasonable Notice Payment

by Johannes Schenk / On February 19, 2014 / In Employment Law, Labour Law

One of the first questions everyone asks on an employment termination: employer: what do we have to pay; employee: what am I entitled to. Fair enough. Usually the parties can work this out on the basis of standing earnings, benefits…

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