http://schenklaw.ca Focused. Legal Solutions. Tue, 06 Apr 2010 18:56:47 +0000 http://backend.userland.com/rss092 en Chen v. Sable Fish Canada Inc., 2010 BCSC 444, deals with the matter of one unhappy employee that got himself fired for airing the company’s dirty laundry to no less than the shareholders. The case makes clear that a degree of criticism of management is acceptable but when that criticism ... http://schenklaw.ca/?p=226 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 in Smith v. Centra Windows Ltd. , 2009 BCSC ... http://schenklaw.ca/?p=225 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 2: Similar age and responsibility as an office manager. 11 month notice. http://schenklaw.ca/?p=224 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 year. The case is worth ... http://schenklaw.ca/?p=223 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 to the extent that they can’t perform their job anymore ... http://schenklaw.ca/?p=222 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 body, does that preclude another body from taking ... http://schenklaw.ca/?p=221 See Perrault v. North Vancouver (District), 2010 BCSC 182, for a discussion on liability for the District of North Vancouver and the realtors involved in the sale and purchase of the property. http://schenklaw.ca/?p=220 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 BCSC 1418 Wells v. Patina Salons Ltd., 2003 BCSC 1731 http://schenklaw.ca/?p=218 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 [100] In my view, the learned ... http://schenklaw.ca/?p=217 M.D.A. Marine Design Associates Ltd. v. British Columbia Ferry Services Inc., 2008 BCSC 1432, lays out a great professional reputation defamation analysis applicable to contract and employment scenarios. http://schenklaw.ca/?p=215