In GG & HH Inc. v 2306084 Alberta Ltd., 2022 ABQB 58, a judge set aside an injunction to enforce restrictive covenants against three former employees at a pharmacy. GG & HH Inc. (“GG & HH”) operated several pharmacies in Calgary and brought a claim against three former employees alleging that they breached their ...
It is no secret that disputes ranging from human rights complaints to civil actions can arise between employers and employees. More often than not, these claims are settled prior to trial or a hearing. As a condition of these settlements, employers will often require a release. Many employers place significant value on a confidentiality clause ...
A recent decision from the BC Supreme Court highlights how a hiatus from working with an employer may impact an employee’s entitlement to notice or pay in lieu thereof upon termination. Facts In Shultz v. Prococious Technology Inc., 2022 BCSC 1420, the plaintiff employee had a long-term association with the defendant employer in various capacities, ...
In Nader v. University Health Network, 2022 ONSC 447, Nader brought a summary judgment application for damages related to his termination of employment. The key issue was the effect of a secondment for 2 years, and whether it altered, replaced, or was supplementary to an original employment agreement executed by the parties. For reference, a ...
Following up on my last blog post regarding Chu v. China Southern Airlines and an award of $100,000 in punitive damages against an employer for their conduct during the course of litigation, reasons for judgment in Fanzone v. 516400 B.C. Ltd. 2022 BCSC 2089 have been released. The decision in Fanzone cautions that the employer’s ...
The year has kicked off with an award of significant enhanced damages in a wrongful dismissal claim. While it is not uncommon for dismissed employees to seek aggravated and punitive damages following their termination, these are damages that are not commonly awarded and when they are, they tend to be in modest amounts. That trend ...
BC Court of Appeal says CERB payments are not deductible from severance award
A lot of things have changed in workplaces since March 2020 when the COVID 19 pandemic began.
In Parmar v Tribe Management, a BC Supreme Court judge had to consider whether a mandatory vaccination policy was reasonable. This is the first decision in BC where a judge decided this question in a non-union setting. Facts The plaintiff, Ms. Parmar, was an accounting professional. The employer, Tribe Management, provided condominium management services. Its ...
A recent BC Supreme Court case highlights how employees have an obligation to mitigate their damages by searching for comparable employment after termination. The case also confirms that 24-months is the upper limit of common law reasonable notice in BC. Facts In Okano v. Cathay Pacific Airways Limited, 2022 BCSC 881, the plaintiff, Ms. Okano, was ...
