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 ...
In Moffatt v Prospera Credit Union, 2021 BCSC 2463, Ms. Moffatt commenced an action against her former employer, Prospera Credit Union (“Prospera”) for wrongful dismissal. She had been terminated without cause. Prior to her termination, Ms. Moffat had been employed as a Financial Services Associate under different contractual arrangements. She had worked casual, part time, and ...
On October 14, 2021 by way of an Order of the Provincial Health Officer (the “Order”), vaccination is required for a broad range of workers and employees in healthcare facilities receiving government funding and providing various types of care. The Order takes effect on October 26, 2021. The Order The Order applies to various facilities ...
Hawes v Dell Canada, 2021 BCSC 1149 The plaintiff, Mr. Hawes, commenced an action against his former employer, Dell Canada Inc., for wrongful dismissal. Dell terminated Mr. Hawes’ employment as a senior sales representative without cause on March 25, 2020. Mr. Hawes was 64 years old at the time of termination and had worked for Dell ...
Facts The plaintiff, Jafeef Mohammed, brought an action against his former employer, Dexterra, for wrongful dismissal. The plaintiff began working with Dexterra as a supervisor in June 2018. He was terminated on November 11, 2019 without cause and given four weeks’ notice. He was 51 years old. Prior to his employment with Dexterra, the plaintiff ...
On June 10, 2020 Ryan Chan posted about the summary trial in the matter of Nagy v. William L. Rutherford (B.C.) Limited, 2020 BCSC 324, which can be read here. That decision was appealed and Deanna Froese now reviews the recent appeal decision in Nagy v. William L. Rutherford (B.C.) Limited, 2021 BCCA 62 that ...
Lazy F-D Ranches and Hay Sales Ltd. (Re), 2020 BCEST 110 Facts The employer, Lazy F-D Ranches and Hay Sales Ltd., filed an appeal of a determination issued by the Director of Employment Standards. The employer was ordered to pay overtime and statutory holiday pay to a worker. At the crux of the employer’s appeal ...
Facts/Analysis AE Hospitality (“AE”) hired supervisors, bartenders, chefs, and servers to work for two catering companies at events (the “Workers”). Only a few chefs had a written agreement. Most of the servers had written agreements stating they were independent contractors. The head chefs of the catering companies would select the AE chef to work at ...
Cho v Stonebridge Solutions Inc., 2020 BCSC 1560 Facts The plaintiff was terminated by the defendant, Stonebridge Solutions Inc. (“Stonebridge”), after five months of employment at age 49. Stonebridge argued that the plaintiff was an independent contractor, and therefore no notice of termination was required. The plaintiff had previously worked as Vice President national Sales ...
