Employment Law – Page 15 – Schenk & Associates

Maternity Leave and Reasonable Notice for Employment Termination

by Johannes Schenk / On December 8, 2009 / In Employment Law, Human Rights Law

In case it wasn't obvious, reasonable notice periods are suspended by maternity leave. Don't terminate your pregnant employees or employees that are on maternity leave. See the following cases: Whelehan v. Laidlaw Environmental Services Ltd. Winterburn v. Domtar Inc., 2002…

No Statutory Cause of Action in Employment Standards Act

by Johannes Schenk / On December 7, 2009 / In Employment Law

Macaraeg v. E Care Contact Centers Ltd., 2008 BCCA 182, deals with the issue of whether rights under the Employment Standards Act can form the basis of a civil action. Answer: no. Mr. Justice Chiasson states for the Court: Summary…

Ambiguous Restrictive Covenants

by Johannes Schenk / On April 8, 2009 / In Employment Law

Shafron v. KRG Insurance Brokers (Western) Inc., 2009 SCC 6, deals with post employment restrictive covenants. I always have found the drafting of some of these covenants to be poor and at best examples of bet hedging. Well that's all…

Bias and Impartiality

by Johannes Schenk / On November 28, 2008 / In Employment Law, Human Rights Law, Labour Law, Municipal Law, Professional Discipline

Bias arguments are commonly made. Here is a case referred to me by my friend John Gesher, who is Counsel at the Regional Municipality of Peel. The case of Boardwalk Reit LLP v. Edmonton (City), 2008 ABCA 176 (CanLII), concerns…

Management Theory: Theory X and Y

by Johannes Schenk / On October 6, 2008 / In Employment Law, Human Rights Law, Labour Law

What kind of a manager are you? What culture of management does your firm embrace? Are you following theory X or theory Y?

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