Employer obtains injunction to prevent misuse of its confidential information

September 07, 2014 0 COMMENTS

by David McDonald

When an employee announces that he or she is resigning in order to go work for a competitor, it is only natural for an employer to become anxious—particularly when the departing employee has access to the business’s confidential information. Complicating matters further is the technological ease with which an employee can wrongfully divert an employer’s confidential information if he or she wishes to do so. read more…

B.C. court decision offers lessons to employers about employment contracts

December 15, 2013 0 COMMENTS

By Kevin O’Neill

In a recent British Columbia Supreme Court decision, Gerry Miller v. Convergys CMG Canada Limited Partnership, the court confirms a number of useful principles for employers who use an employment agreement containing minimum severance provisions. read more…

Punitive damages awards increasing in Canadian employment cases

March 31, 2013 0 COMMENTS

By David McDonald

In wrongful dismissal cases in Canada, punitive damages awards are available only in exceptional situations. That’s what the Supreme Court of Canada said in 2008 in Honda Canada v. Keays. The employer’s conduct in the course of termination must be proven to be harsh, vindictive, reprehensible, and malicious. Despite this high threshold, a number of recent trial decisions show how Canadian courts are becoming more open to providing employees with punitive damages awards. read more…

Aspects of Attendance Management Program Ruled Discriminatory

November 22, 2010 0 COMMENTS

By David Wong

Attendance management programs themselves aren’t discriminatory — they just need to be carefully designed and properly applied. Such is the latest conclusion in continuing litigation between Coast Mountain Bus Company Ltd. and the Canadian Auto Workers, a battle over an attendance management program covering transit operators in the Greater Vancouver region in British Columbia.

In May 2009, we commented on the British Columbia Supreme Court’s decision in which the court largely accepted the employer’s program.

read more…

Foreign Employee Working at Canadian Affiliate Entitled to Large Severance

September 20, 2010 0 COMMENTS

By Bruce Grist and Derek Knoechel

The transfer of employees from foreign-based companies to Canadian-based affiliates is an increasingly common feature of the Canadian labor market. Many employers are familiar with the often complicated process of obtaining the necessary work permits for such employees at the beginning of the transfer. However, ending the relationship between the transferred employee and the Canadian-based employer can present its own challenges. Some of these challenges are illustrated by the British Columbia Supreme Court’s recent decision in Nishina v. Azuma Foods (Canada) Co., Ltd.

read more…

Managing LTD Claims: Less Pain, More Gain

July 05, 2010 0 COMMENTS

By Suzanne Porteous and Wendy Wang

The bad news is that one of your employees has just commenced a long-term disability (LTD) leave. You may well have concerns like: (1) Will the employee ever return to work? (2) If so, when? (3) What accommodations would be needed to allow a return to work? (4) What will it all cost?

read more…

Does Temporary Layoff Result in Right to Severance Pay?

December 21, 2009 0 COMMENTS

By Derek Knoechel

In early 2008, the owner of a dental practice, having recently purchased the business, faced some difficult choices. Given what appeared to be a temporary downturn in revenues, the owners decided on a temporary layoff.

While permitted by employment standards laws, the employer in the recent case of Besse v. Dr. A.S. Machner Inc. found out that the courts considered the layoff to amount to a termination of employment. The employment standards law didn’t provide a right to impose a temporary layoff – at least not without triggering all the severance rights the courts normally accord terminated employees.

read more…