In the recent BC Human Rights Tribunal decision in Thejoisworo v. Northern Gold Foods Ltd., 2021 BCHRT 121, the Tribunal found that Northern Gold Foods Ltd. (“Northern”) did not discriminate against Thejoisworo (the “Employee”), when it eliminated her position while she was on maternity leave and offered her a different position when she returned. The ...
Verigen v. Ensemble Travel Ltd., 2021 BCSC 1934 In this recent BC Supreme Court decision, the court tackled various employment issues which were directly caused by the Covid-19 pandemic. Verigen worked as a business development director for Ensemble Travel Ltd. (“ETL), a travel agency cooperative. Verigen’s employment was terminated without cause after 18 months of employment. In this ...
Yee v Hudson’s Bay Company, 2021 ONSC 387 On August 28, 2019 Yee’s employment with the Hudson’s Bay Company (“HBC”) was terminated and Yee started a claim for wrongful dismissal. As expected, the judge in the Ontario Supreme Court applied the Bardal factors in his analysis; however it is noteworthy that as part of his ...
Koski v. Terago Networks Inc., 2021 BCSC 117 Koski was dismissed without cause and without notice after 13 years of employment. Although he had an employment contract, it did not include a termination clause. The court found that Koski was entitled to 13 months of notice. The court also found that Koski was entitled to ...
Hetherington v Saskatchewan Liquor and Gaming Authority, 2020 SKQB 110 For the purposes of determining severance entitlement, a Saskatchewan Court found that an employee worked for the Government of Saskatchewan for a total of 28 years, despite voluntarily leaving her employment for 29 months during that time. The employee was awarded damages in lieu of ...
The employee Costello brought a summary trial application for constructive dismissal on the basis that the employer ITB Marine Group Ltd. (“ITB”) breached its contract with her in three ways: 1) Removing all or substantially all of her duties; 2) Creating an unsafe working environment, including moving her to a new premises that was objectively ...
As discussed in our recent blog post on July 22, 2020, the changes proposed to the CEWS have been confirmed. On July 27, 2020 Bill C-20, An Act respecting further COVID-19 measures, received Royal Assent and amended the CEWS. Most notably, Bill C-20 extends the duration of the CEWS until December 19, 2020 and broadens ...
Martin v. Yellow Pages Digital & Media Solutions Limited, 2018 BCSC 2557 The employee brought a summary trial application for wrongful dismissal. There was no question that the employee was terminated without cause. The parties disagreed on the length of reasonable notice, the quantum of reasonable notice, and whether or not aggravated damages were warranted. Despite the ...
The employee brought a summary trial application for wrongful dismissal. The employer’s position was that the employee quit, and in the alternative, that it had just cause to terminate employment. The court determined that the employer had just cause to terminate the employee due to a derogatory email sent by the employee regarding his HR manager ...
