Employee resigned by failing to return to work following suspension
The plaintiff's wrongful dismissal claim was dismissed in Coutlee v Apex Granite & Tile Inc., 2020 BCSC 315 on the basis that the employee had voluntarily resigned - and had not been terminated - from his employment. The claim for wrongful dismissal failed as the Court found that there had ...
BC government proposes paid leave for victims of domestic and sexual violence
On March 3, 2020, the British Columbia government introduced a bill that would require employers to provide paid leaves of absence to domestic or sexual violence victims. If passed, Bill 5 will require employers to provide victims with at least five paid days off each year to seek assistance and ...
Foodora couriers are dependent contractors, says OLRB
Paving the way for union certification, in Canadian Union of Postal Workers, v Foodora Inc. d.b.a. Foodora the Ontario Labour Relations Board (OLRB) has determined that Foodora couriers are dependent contractors, as defined in Ontario's Labour Relations Act. The OLRB's decision provides some clarity in defining the status of workers ...
Termination clause void if less than employment standards minimum
In Machtinger v. HOJ Industries Ltd., 1992 CanLII 102 (SCC), the Supreme Court of Canada held that a termination clause that provides less than the applicable minimum notice period prescribed by the Employment Standards Act is unenforceable. Background Despite Mr. Machtinger having been employed for more than five years, his ...
Settlement and release does not necessarily bar unjust dismissal claims
The Federal Court of Appeal has reaffirmed that an employee who signs a full release of claims is not necessarily barred from bringing an unjust dismissal claim pursuant to section 240 of the Canada Labour Code. In Bank of Montreal v. Li, 2020 FCA 22, Ms. Li was dismissed by ...
Mitigation deductions apply to fixed term contracts
In Quach v. Mitrux Services Ltd., 2020 BCCA 25, the BC Court of Appeal has confirmed that mitigation earnings must be deducted from an employee's damages caused by an employer's breach of a fixed term contract, unless the parties agree otherwise. Background When an employer dismisses an employee prior to ...
Do amended employment contracts require fresh consideration?
Historically, the law has been that an amendment to a contract will only be enforceable if both parties receive fresh consideration as part of the arrangement. But in 2018, the BC Court of Appeal shook things up when it held that fresh consideration will no longer always be required to ...
Supreme Court of Canada hears case that could affect validity of mandatory arbitration clauses
The Supreme Court of Canada heard arguments in Uber Technologies Inc. v. Heller, a case which could have widespread consequences for mandatory arbitration clauses in employment contracts. The representative plaintiff, Mr. Heller, seeks certification to bring a class action against Uber. Mr. Heller alleges that he and other Uber drivers ...
Ontario Court of Appeal: Arbitrarily resetting an employee’s length of service breaches Employment Standards Act
Can an employee and employer agree to reset an employee's length of service in order to reduce the employee's statutory notice and severance entitlements? No, according to the Ontario Court of Appeal in Ariss v. NORR Limited Architects & Engineers, 2019 ONCA 449. The plaintiff, Mr. Ariss, approached his employer ...
BC Minimum Wage Increase
Effective June 1, 2019, the general minimum wage, applicable to most employees in British Columbia, is increased from $12.65 to $13.85. This is the second of four minimum wage increases taking place every June 1 from 2018 until 2021: June 1, 2018: Minimum wage was increased to $12.65 (from $11.35)June ...
