Employment Law

Read more on Repeated Breaches of Confidentiality Policy are Just Cause for Termination

Repeated Breaches of Confidentiality Policy are Just Cause for Termination

TagsArticles, Employment Law

In a recent case from British Columbia, Manak v. Workers’ Compensation Board of British Columbia (cob WorkSafe BC), 2018 BCSC 182, the court held that an employee’s repeated breaches of a confidentiality policy justified the employer to terminate her employment for cause.  In employment law, for cause terminations are exceedingly difficult to prove with the…

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Read more on Can you Provide Working Notice of Termination to an Employee on Disability Leave?

Can you Provide Working Notice of Termination to an Employee on Disability Leave?

TagsArticles, Employment Law

In McLeod v. Frontier Sales, 2018 ONSC 1866, the Divisional Court of Ontario dismissed the appeal by an employer who provided working notice to an employee on disability leave and in turn, sought to reduce the amount of reasonable notice that it was required to provide.  The case confirms that working notice provided during a…

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Read more on Employees May be Liable for Personal Wrongdoings While at Work

Employees May be Liable for Personal Wrongdoings While at Work

TagsArticles, Employment Law

In a recent Ontario Court of Appeal decision, Sataur et al. v. Starbucks Coffee Canada Inc. et al., 2017 ONCA 1017, the liability of an employee’s wrongdoing, even during the course of their employment, was deemed to potentially attract personal liability, rather than shifting the liability to the employer. The plaintiff in this case, Sataur…

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Read more on Refusal of a Job Offer does not Constitute Failure to Mitigate

Refusal of a Job Offer does not Constitute Failure to Mitigate

TagsArticles, Employment Law

In a recent decision, Dussault and Pugliese v. Imperial Oil Limited, 2018 ONSC 1168, the court addressed the issue of the need for a plaintiff to mitigate their damages on termination and whether an offer by the successor company of the employer defendant of re-employment constituted reasonable mitigation. At the time of the termination, the…

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Read more on Changing Employment Agreements Without Risking Constructive Dismissal Claims

Changing Employment Agreements Without Risking Constructive Dismissal Claims

TagsArticles, Employment Law

Case Details Late last year, the Ontario Superior Court of Justice in Hagholm v. Coreio Inc., 2017 ONSC 7713, made a decision that addressed the issue of an employer’s unilateral amendment of an existing employment contract and whether such amendments can result in the constructive dismissal of a long-term employee. The plaintiff, in this case,…

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Read more on Can An Employee’s Off-Duty Conduct Constitute “Just Cause” for Termination?

Can An Employee’s Off-Duty Conduct Constitute “Just Cause” for Termination?

TagsArticles, Employment Law

 Whether it is drunken misadventures going viral on the internet, or hostile and negative social media rants, the nagging question remains; can an employer terminate an employee for “just cause” for the employee’s off-duty conduct?   The short answer is, it depends.  It depends on: the type of conduct; the proximity of the conduct to…

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Our Kelowna lawyers represent clients throughout the Okanagan Valley and the rest of BC. We have a diverse practice, from personal injury representation or wills and estate planning to commercial business law or real estate transactions.

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