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Article By Johannes Schenk

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Hey You Kids Out of that Jello Tree

by Johannes Schenk / On February 7, 2014 / In Employment Law, Uncategorized

Paquette v. School District No. 36 (Surrey), 2014 BCSC 205 deals with a child climbing onto and falling off of a school building roof. So every adult knows that kids will climb up roofs an every child knows that they…

Dismissal Just Cause for Defamatory Letter to Shareholders

by Johannes Schenk / On April 6, 2010 / In Employment Law

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…

Employment Law: Independent Contractor or Employee

by Johannes Schenk / On March 13, 2010 / In Employment Law

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…

Wrongful Dismissal Reasonable Notice for Senior Older Employees

by Johannes Schenk / On March 12, 2010 / In Employment Law, Uncategorized

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…

Employment Contract Frustration

by Johannes Schenk / On February 18, 2010 / In Employment Law, Human Rights Law, Uncategorized

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…

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