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Labour & Employment

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Tuesday, July 18, 2017 @ 07:48 AM

CIVIL PROCEDURE - Discovery - Production and inspection of documents - Privileged documents - Documents prepared in contemplation of litigation - Solicitor-client privilege

Appeal by the provincial Crown from an order referring Suncor's privilege claim to a referee. ... [read more]

Monday, July 17, 2017 @ 01:06 PM

LABOUR RELATIONS - Employees - Refusal to work - Unsafe work - Working conditions

Application by the Canadian Union of Public Employees, Air Canada Component (CUPE) for judicial review of the decision of an Appeals Officer of the Occupational Health and Safety Tribunal Canada (Tribunal) upholding Air Canada's finding that there was no danger to employees in working in the presence of certain chemicals in airplanes. ... [read more]

Monday, July 17, 2017 @ 08:45 AM

A bankruptcy toolkit for employees of Sears Canada Sears

It is the end of an era. The iconic Sears store nearest you might be closing. As of May 30, Sears Canada employed approximately 17,000 people, with 10,500 in part-time positions and the rest working full-time. After filing for temporary protection from creditors in June, Sears Canada announced it would be closing 20 full-service locations, 15 Home stores, 10 Outlet stores and 14 Sears Hometown stores. The store closings will result in about 2,900 employee layoffs. About 500 office positions will be eliminated immediately, with the rest of the job losses coming as the stores begin to close. ... [read more]

Friday, July 14, 2017 @ 11:18 AM

DISCIPLINE AND DISCHARGE - Grounds - Dishonesty

Application by the Attorney General for judicial review of an adjudicator’s decision, ordering Heyser’ reinstatement as an appeals specialist benefits officer in the Edmonton office of HRSDC’s Employment Insurance Pay and Processing Division. ... [read more]

Wednesday, July 12, 2017 @ 09:55 AM

Updated: Ordinary psychological impact of job termination not compensable, BCCA rules Ryan Parsons sm

The British Columbia Court of Appeal has set aside an award for aggravated damages in a case involving a claim of mental distress caused by a wrongful dismissal. ... [read more]

Wednesday, July 12, 2017 @ 09:36 AM

CONTRACT OF EMPLOYMENT - Express terms - Remuneration - Commissions - Interpretation

Appeal by the employers, North Country Catering and North Country Camp Services from a partial summary judgment interpreting an employment agreement with the respondent employee, Baim. ... [read more]

Wednesday, July 12, 2017 @ 09:28 AM

Employee or contractor: The seven-part test

The clear trend by courts in BC and other jurisdictions across Canada has been to “modernize” the approach to the classification of workers along the continuum of “pure employee” and “pure independent contractor” resulting in a contemporary category of dependent contractors. ... [read more]

Tuesday, July 11, 2017 @ 10:01 AM

EMPLOYEES - Promotion - Procedural requirements

Appeal by Gladman from the dismissal of his application for judicial review of a decision of the Deputy Minister of National Defence, denying Gladman’s application for a promotion to a more senior classification level. ... [read more]

Monday, July 10, 2017 @ 02:55 PM

Legal employment traps to avoid when expanding south of the border

So you want to open a facility or hire employees in the United States?  Perhaps you seek to expand into new markets, open up to new customer bases or take advantage of a different pool of employees. You will, of course, face obvious legal hurdles involving taxation and corporate formation (including possible E-2 treaty investor options under NAFTA).   ... [read more]

Thursday, July 06, 2017 @ 09:10 AM

Severance liability, bad faith damages result of employer’s ambiguous standards Gazometr

On May 1, 2017, the BC Supreme Court awarded a spa worker $15,000 in aggravated/bad faith damages for the manner in which she was treated by her employer. ... [read more]