Many compensation plans include entitlement to some form of variable pay or bonus, and typically with respect to a bonus the employer will take the position that it is discretionary, that is that they get to decide who gets the bonus, when they get it and how much they get. Some bonus plans are structured ...
A recent Ontario Court of Appeal decision provided clear direction to employers on what NOT to do when terminating employees. The Court of Appeal in Ruston v. Keddco Mfg. (2011) Ltd., 2019 ONCA 125 affirmed the trial decision. At trial the Court awarded $100,000 in punitive damages against the employer for the manner of termination ...
On August 8, 2019 the Supreme Court declined an application for leave to appeal in the case of Envirocon Environment Services, ULC v. Suen. This is significant for employers in British Columbia and puts to rest a long debate about the appropriate test for discrimination on the basis of family status. If you aren’t already ...
Many employers ask if they can prevent an employee from competing with them or soliciting clients after they leave their employment. There are many reasons that employers will want to do this. Depending on the nature of the industry, an employee’s ability to compete can result in the loss of a large portion of clientele, ...
Many employers use a variety of types of arrangements for their workforce. One of the arrangements we see quite frequently is that of independent contractor. An independent contractor relationship has a variety of benefits both for the contractor and for the employer. One of the key benefits for the employer is the ability to limit ...
A common question I am often asked is whether an employer can terminate an employee for cause who just is not doing a good job. Terminating for cause rather than without cause carries with it the significant savings of not having to provide a severance package. Our courts have held that there are very limited ...
WorkSafeBC requires all employers to both take reasonable steps to prevent or minimize workplace bullying and harassment and also requires employers to develop and implement written procedures for the reporting of incidents or complaints of workplace harassment and bullying. Section 115(1)(a) and Section 115(2)(e) of the Workers Compensation Act place the following duties on the ...
On May 30, 2019 changes to the BC Employment Standards Act were made, triggering the responsibility of employers to make sure that their practices are compliant. Key areas that all employers should be ensuring they are compliant with include the following: Informing employees of their rights under the Act in a form approved by the ...
A recent decision by the Saskatchewan Queens Bench, McKercher v. Stantec Architecture Ltd., 2019 SKQB 100, highlights the potential exposure to liability for employers when they promote employees without putting in place new employment agreements. McKercher was terminated after 11 years service. His role with Stantec had changed significantly over his years of employment. When ...
