Employment Law – Page 8 – 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.

Society director suspension is not a removal

by Johannes Schenk / On April 22, 2016 / In Employment Law, Litigation, Professional Discipline

2016 BCSC 718 George v. The B.C. Wildlife Federation concerns the powers of a society board of directors to manage the directorship. A director was suspended for allegedly harassing staff. A petition was brought before the court challenging the procedural…

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…

Real Estate Council of British Columbia – Enforcement Expenses

by Johannes Schenk / On April 2, 2016 / In Employment Law, Litigation, Professional Discipline

You can see from the following enforcement expense list that a hearing needs to be well planned and highly considered to avoid unnecessary expense to a registrant. Enforcement expenses recoverable against a licensee by the Council under the Real Estate…

BC Securities Commission $23.3 Million Fine Upheld

by Johannes Schenk / On April 1, 2016 / In Employment Law, Litigation, Professional Discipline

2016 BCCA 144 Michaels v. British Columbia Securities Commission. This case affirms a Securities Commission decision to penalize a registrant $23.3 million for breaches of the act, misrepresentation and fraud.

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