You’re Fired! Now What?

On , In Employment Law

There are some people out there that can proudly boast “I have never been fired.” Unfortunately for many people this is not the case. Termination of employment is a great cause of stress in many peoples’ lives. The fear of being terminated often weighs in the back of employees’ minds. We spend the majority of…


Supreme Court of Canada: RCMP Has The Right to Collective Bargaining

On , In Employment Law

In a 6 to 1 decision the Supreme Court of Canada struck down provisions preventing the RCMP from unionizing. The decision was released January 16th. The Court determined the exclusion of the RCMP from federal labour relations legislation was unconstitutional. The Court also determined that former regulations imposing an alternate labour relations regime on RCMP…


The Office Christmas Party: What Employers Need to Know

On , In Employment Law

It’s just about Christmas time and there are plenty of festivities. If you are a business or corporation and are hosting a Christmas party for your employees there are potential liability issues which could dampen your Christmas spirit. The first case in Canada to apply host liability within the context of the work environment was…


Sexual Harassment at Work: What You Need to Know?

On , In Employment Law

These last couple of weeks and the events that have unfolded at the CBC and in Canada’s Parliament have brought sexual harassment in the work place to the forefront of conversation, politics and public awareness. Jian Ghomeshi was fired on October 26th after CBC managers were shown video, photos, texts and e-mails, some of which…


Refusing to Accept a New Position with Your Ex-Employer after You’ve Been Terminated Could Result in a Reduced Award for Damages

On , In Employment Law

Mitigation is a basic principle of contract law.  In the context of an employment relationship, a dismissed employee has to take all reasonable steps to minimize any losses that she has suffered as a result of her termination of employment.  Generally, this means that an employee who has been dismissed must take reasonable measures to…


Bullying in the Workplace

On , In Employment Law

Bullying is seldom out of the headlines these days.  In one of my last articles, I discussed new cyberbullying legislation.  In this article we will take a look at the new provisions of the Workers’ Compensation Act.  They give workers the ability to make a claim where harassment and bullying have caused a mental disorder. …


If You Have a Job You Have a Contract

On , In Employment Law

I often speak to employees who believe that since they do not have a written employment contract then they do not have a contract at all.  If you have a job then you have a contract.  If it is not in writing then it is an oral contract.  Oral contracts of employment are just as…


Constructive Dismissal

On , In Employment Law

One of the most common inquiries I receive in regards to my employment law practice is questions concerning the issue of constructive dismissal. It is a principle often misunderstood by both employers and employees alike. In practical terms, constructive dismissal describes a situation where the employer has not directly fired the employee, but rather, has…


Severance Packages (in non-union jobs)

On , In Employment Law

I am frequently retained to review severance packages that have been handed to someone who has just been fired.  Typically the package will contain a covering letter with an offer, details about any outstanding entitlement to benefits such as life insurance or pensions, a release, a recommendation to get independent legal advice, and a deadline […]


BC Family Day and Your Pay

On , In Employment Law

Last year’s announcement by Premier Christy Clark of a new statutory holiday was to the delight of many employees across the province.  The inaugural Family Day on February 11, 2013 brings the total to ten statutory holidays in British Columbia, sharing the honors with Saskatchewan for the most number of statutory holidays in the country. […]