Can your employees collect severance from your affiliated companies?

31. March 2022 0
A recent decision from the Ontario Court of Appeal provides clarification on when the common employer doctrine will make a corporation liable for amounts owing to an individual employed by a related corporation. The plaintiff, Mr. Reilly served as CEO for both ClearMRI Solutions Ltd. (“ClearMRI Canada”) and ClearMRI Solutions, Inc. (“ClearMRI US”). Mr. Reilly’s ...

Even innocent mistakes can lead to punitive damages

29. March 2022 0
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 ...

Secret recordings of coworkers provide cause for termination

In Shalagin v Mercer Celgar Limited Partnership, 2022 BCSC 112 the court considered an allegation of cause that arose after termination. Specifically, the terminated employee was a Certified Professional Accountant employed by the defendant for 10 years.    The employee was terminated on a without cause basis and provided payment based on the Employment Standards ...

Non-compete clauses now prohibited in Ontario

In Ontario, you cannot have a non-competition clause with employees except in very narrow circumstances.  On February 2, 2022, we posted about one part of the Working for Workers Act (“Act”) that came into force in Ontario in December 2021.  The Act requires employers to create a policy about the employee’s right to disconnect.  You ...

Mask refusal = complaint dismissed by BCHRT

14. February 2022 0
In a new decision this year (2022 BCHRT 22), the BC Human Rights Tribunal dismissed another complaint made by a person refusing to wear a mask.  The customer attended at the business in October 2020 for an appointment and spoke with a screening employee at the front door. The screener asked the customer to wear ...