Employment Law – Page 14 – Schenk & Associates

Employment Law: Independent Contractor or Employee

by Johannes Schenk / On March 13, 2010 / In Employment Law

A sometimes thorny issue (aren't they all all?) is whether the dismissed individual is an employee or an independent contractor. The issue has been recently adressed in McKee v. Reid's Heritage Homes Ltd. , 2009 ONCA 916 (CanLII) (Ontario) and…

Wrongful Dismissal Reasonable Notice for Senior Older Employees

by Johannes Schenk / On March 12, 2010 / 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…

BC Court of Appeal Upholds 15 Month Wrongful Dismissal Award

by Admin / On March 12, 2010 / In Employment Law

Chapple v. Umberto Management Ltd. , 2009 BCCA 571, deals with the employment dismissal of a 38 year old, 13.5 year employed restaurant manager at one of Umberto's Whistler locations. Including gratuities and tips her income was roughly $120,000.00 per…

Employment Contract Frustration

by Johannes Schenk / On February 18, 2010 / In Employment Law, Human Rights Law, Uncategorized

The doctrine of contract frustration deals with situations where a party cannot meet their obligations under a contract due to some non-culpable event. In the case of employment contracts the situation often arises where an employee becomes ill or disabled…

Yes You Can Complain to The Human Rights Tribunal

by Admin / On February 17, 2010 / In Employment Law, Human Rights Law, Labour Law

A very common issue that arises in administrative law: more than one body can hear, rule and decide on a matter. The follow up issue arises: which body should run that process. Further, once you have an answer from one…

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