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 ...
One of the vexing issues that employers face in dealing with poor performers in the non-union context is whether it is more cost effective to terminate the employee’s employment without cause or to put the employee on a performance improvement plan (“PIP”), with the goal of establishing termination for just cause when the employee fails to meet the performance ...
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 ...
Generally speaking, when an employee is dismissed without cause, they are entitled to notice or pay in lieu of notice as set out in the British Columbia Employment Standards Act (“ESA”). However, there are certain exceptions to this rule. One such exception is where the employee is offered and refuses reasonable alternative employment by their employer.
Legislative ...
Employers commonly seek our advice on issues related to maternity and parental leave. Here are some of our most frequently asked questions:
Q: Can I ask a candidate for employment whether or not they are pregnant, or whether they are planning on starting a family? I need to know to minimize disruption to my small business.
A: It is generally inadvisable to ask such questions ...
Last year, we published a blog about things an employer should do before they terminate the employment of an employee. In recent years, employers are facing increasing claims for aggravated damages arising out of the manner in which the employer has carried out the termination of an employee’s employment. In order to minimize the possibility that aggravated damages ...
As we all know by now, the U.S. Capitol was stormed by a mob of President Trump’s supporters on Wednesday January 6, 2021. A great deal of the mob, as well as police officers who appeared to stand aside as rioters streamed inside, were captured on video and replayed repeatedly over the news. This includes two Canadian nurses who allegedly travelled to Washington D.C. to ...
Terminating the employment of an employee is never easy. There are many things to consider from both a practical and legal perspective. The more prepared you can be the better. While not exhaustive, set out below are some questions every employer should be asking themselves before they terminate the employment of any non-union employee on a “without cause” basis.
- What ...
In a recent decision, Waksdale v. Swegon North America, 2020 ONCA 391, the Ontario Court of Appeal (“ONCA”) held that a “without cause” termination provision in an employment agreement was unenforceable because a separate “with cause” termination provision did not comply with the Ontario Employment Standards Act, 2000 (the “ON ESA”).
Mr. Waksdale had ...
The B.C. Employment Standards Branch (“ESB”) has recently published guidance on how business closures and staffing reductions related to the COVID-19 pandemic may exempt British Columbia employers from the obligation to provide employees with statutory termination notice or pay in lieu of notice.
The B.C. Employment Standards Act (“ESA”) sets out the minimum ...
About Us
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.
Legal Disclaimer: The information made available on this webpage is for information purposes only. It does not constitute legal advice, and should not be relied on as such. Please contact our firm if you need legal advice or have questions about the content of this webpage.