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 ...
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 ...
I previously posted on the blog about the new vaccine mandate for all regulated healthcare workers in private practice in BC. You can read that February 10th post here. The details of the new PHO order had not yet been announced at the time of my February 10th post, but the PHO announcement suggested ...
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 ...
A recent decision from the Manitoba Court of Appeal confirms that a just cause dismissal may be defensible in certain cases even if the employer has not completed a thorough investigation or given the employee an opportunity to respond to allegations of misconduct. In McCallum v. Saputo, 2021 MBCA 62, Mr. McCallum was an employee of ...
On February 16, 2022, Dr. Henry updated her earlier Order regarding workplace health and safety. Employers are no longer required to allow employees to work from home. Specifically, the earlier Order said: “An employer must allow workers to work from their private residence, if possible, given the nature of the work involved, unless the employer ...
In a recently released arbitration award, Arbitrator Misra held that a mandatory vaccination policy which included the right of the Employer to terminate employees who refused to comply was unreasonable in the context of the specific provisions of the collective agreement that governed the parties. The workplace that was at issue was a long term ...
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 ...
In his October 27, 2021 blog post Scott Marcinkow commented on Dr. Henry’s notice to all healthcare workers, even those working in private practice, that they will need to be vaccinated in future. You can read the post here. On February 9, 2022, Dr. Henry announced the highlights of this new order. In summary, all regulated ...
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 ...
