In the recent decision of Lefebvre v Gisborne Holdings Ltd., 2023 BCSC 2231, the BC Supreme Court (The Court) found that Gisborne Holdings Ltd. (the Employer) did not have cause to dismiss a fixed-term contract employee and awarded $81,100 CAD in damages.
Ms. Lefebvre, the dismissed employee, was hired under a fixed-term contract to replace an employee on parental leave ...
A recent decision from the Alberta Human Rights Commission serves as a good reminder to employers to keep sufficient notes and document reasons to justify the termination of employment of employees, even in not-for-cause situations. For employees, the same decision serves as notice that the mere fact of having immutable characteristics or belonging to a protected group ...
The BC Supreme Court recently affirmed the high threshold required of employers when purporting to dismiss an employee for just cause. In Chu v China Southern Airlines Company Limited, 2023 BCSC 21, the court found that the plaintiff employee had been dismissed without cause and awarded $150,000 in aggravated and punitive damages in addition to the 20 months reasonable ...
In 2018, after several years of working at Buzzfeed, Keith Habersberger, Ned Fulmer, Zach Kornfeld, and Eugene Lee Yang started 2nd Try, LLC (“2nd Try”). 2nd Try is a California production company, created and managed by the four individuals (a.k.a. the “Try Guys”). The Try Guys produced and starred in original video content wherein – you guessed it – they try ...
Employers and employees saw the workplace change rapidly since March 2020. After a whirlwind of workforce changes and policies, litigation on the appropriateness of COVID-19 workplace measures is working its way through the courts, and the Alberta Court of Queen’s Bench has recently released a decision on masking. In the recent decision, Benke v Loblaw Companies ...
Continuing our seasonal theme of “legal gifts” for employers, a recent decision of the British Columbia Provincial Court provides a glimmer of hope for employers with respect to notice of termination of employment for short service employees.
In Brash v. Gustafson’s Auto Service Ltd., 2019 BCPC 259, the plaintiff, William Brash, accepted employment as Sales ...
Sometimes, employers allow employees to arrive at work later than their official start time. Employers can take comfort in the fact that this occasional permissiveness does not mean that employees can demand a later start time.
In Peternel v. Custom Granite & Marble Ltd., 2019 ONSC 5064, the Ontario Divisional Court held that an employer’s flexibility regarding start ...
The Ontario Court of Appeal in Dawe v. The Equitable Life Insurance Company of Canada, 2019 ONCA 512 (“Dawe”) confirmed that 24 months constitutes “the high end of the appropriate range of reasonable notice” for employee dismissal, and only “exceptional circumstances” will support a notice period in excess of 24 months.
At the time of his dismissal, the ...
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Lawson Lundell's Labour and Employment Law Blog provides updates on the most recent legal developments impacting the Canadian workplace and offers practical tips for employers. We cover a range of topics, including labour relations, employment law, collective bargaining, human rights, employment standards, employment equity, workers' compensation, business immigration, privacy, occupational health and safety and pensions and employee benefits.
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