Termination for cause due to breach of fiduciary and other implied employment duties

25. September 2023 0
Chura v. Batten Industries Inc., 2023 BCSC 1040 The plaintiff, Chura, commenced an action alleging wrongful dismissal against her former employer, the defendant, Batten Industries Inc. (“Batten”).  The action was dismissed in its entirety as the court found that Chura’s conduct had breached her fiduciary and implied employment duties at common law. This decision discusses ...

Competition Act criminalizes certain agreements between employers

19. June 2023 0
Subsection 45(1.1) of the Competition Act (the “Act”) comes into force on June 23, 2023.  This new subsection has been added to the existing criminal conspiracy provisions of the Act and aims to protect competition in the labour markets by prohibiting employers from entering into agreements that fix wages and restrict job mobility through no-poaching ...

Secondment was not a fixed term employment agreement

07. February 2023 0
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 ...

Job eliminated during maternity leave, not discrimination

10. February 2022 0
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 ...

Travel Agency, no frustration of contract despite pandemic

25. October 2021 0
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 ...

Employer Liable for Bonus, Again.

16. March 2021 0
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 ...

Does Voluntary Break in Service Affect Settlement Entitlement?

08. February 2021 0
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 ...