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 a read because it deals with a situation in which […]
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 or for an extended period […]
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 a look at the matter all over […]
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.
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