26 Months Reasonable Notice Awarded

Posted by Johannes Schenk on May 15th, 2017 — Posted in Employment Law, Human Rights Law, Labour Law

Source: CanLII – 2016 ONCA 79 (CanLII)

Keenan v. Canac Kitchens Ltd., 2016 ONCA 79 (CanLII), concerns the notice period awarded to long term, 60 year old sales and service representatives. There is no 24 month cap on notice periods.

Probationary Employee Rights

Posted by Johannes Schenk on January 16th, 2017 — Posted in Employment Law, Human Rights Law, Labour Law, Uncategorized

Ly v. British Columbia (Interior Health Authority), 2017 BCSC 42, deal with probationary employee termination rights. Surprising that this case was actually litigated given the very small amount the claim was worth. Employer termination rights are limited and the employee must be given a fair and reasonable consideration.

Workplace Accommodation is a Quasi-Constitutional Right

Posted by Johannes Schenk on December 21st, 2016 — Posted in Employment Law, Human Rights Law, Labour Law, Uncategorized

Commission de la santé et de la sécurité au travail c. Caron, 2015 QCCA 1048 (CanLII), concerns accommodation of an injured employee. The Court in this case says that the human rights legislation supersedes all other legislation and is quasi-constitutional in nature. The employer cannot remove themselves from the human rights regime on the basis of other legislation.

Suspension Can Be Constructive Dismissal

Posted by Johannes Schenk on December 19th, 2016 — Posted in Employment Law, Human Rights Law, Labour Law, Uncategorized

Source: Potter v. New Brunswick Legal Aid Services Commission – SCC Cases (Lexum)

concerns the suspension of an employee. The employer’s handling of the suspension resulted in a constructive dismissal. In determining a remedy, the Court did not reduce the notice period by pension payment amounts.

Uber Driver Are Employees

Posted by Johannes Schenk on December 16th, 2016 — Posted in Employment Law, Human Rights Law

An employment tribunal in London rules that Uber drivers can be classed as employees in a case that could have wide-ranging implications.

Source: What does Uber employment ruling mean? – BBC News

This is a highly significant ruling for other economies in which Uber participates in. Bottom line, you can’t circumvent benefit provisions by calling an employee an independent contractor.