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  • Article

    Inhibit Don’t Prohibit – The B.C. Court Of Appeal Upholds Restrictive Covenant Placing Price Tag On Competition

    Subsequent to obtaining a license to practice veterinary medicine, Dr. Stephanie Rhebergen entered into a 3 year Associate Agreement with Creston Veterinary Clinic.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Nobody Cares About Your (Unilateral) Life Plans: Lessons From The Great White North

    On April 3, 2013, Lesley Cabott commenced employment with Urban Systems Ltd. and was tasked with working out of the company's new Whitehorse office.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    "Proud" Employee Awarded Half A Year Of Notice And Aggravated Damages After Just Two Months Of Work

    Shahram Younesi knew something was not right when he walked into a meeting and his managers were standing up. They proceeded to terminate his employment after just two months of work.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Sunset Clause Couldn't Save Employee From Consequences

    In a recent B.C. case, Mission Hill Winery v. Service Employees International Union Local 2, Branch 300 (Crozier Grievance), [2019] B.C.C.A.A.A. No. 130 (Glass), Arbitrator Nicholas Glass
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    To Serve And Protect Collective Bargaining Rights

    The Supreme Court of Canada began 2015 by tipping the scales of workplace associational freedom under section 2(d) of the Canadian Charter of Rights and Freedoms towards workers.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Drug Detection Dogs Fail Smell Test

    In United Steelworkers Local 7552 v. Agrium Vanscoy Potash Operations (Grievance 16-10, Random Drug Searches/Interviews), [2015] S.L.A.A. No. 1 (Norman), a Saskatchewan employer's practice...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Back To Mitigation Basics: A Must-Read For Anyone Prosecuting Or Defending A Wrongful Dismissal Action

    Steve Steinebach was employed by Clean Energy Compression Corp. as a salesperson. He had around 19 and a half years of service.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Justifying Random Drug And Alcohol Testing In The Workplace

    In a unanimous decision released Sept 28, 2017, the Alberta Court of Appeal ("ABCA") upheld a judicial review decision which found that the majority of a grievance arbitration panel...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Lessons From Selling Sunset, Part Two: Workplace Gossip

    It's time for the second instalment in our three-part series on employment law lessons learned from watching Netflix's Selling Sunset. As always, there are spoilers ahead, so proceed with caution.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Online Workplace Communication Requires Specific Harassment Policies

    Remote workers are able to connect with the office and one another using various instant messaging platforms.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Right To Union Representation During An Investigation Process

    In Vancouver (City) Fire and Rescue Services v. Vancouver Firefighters' Union, [2022] B.C.C.A.A.A. No. 85 (Saunders)...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    What's Stopping Me From Moving To Costa Rica And Not Telling My Boss?

    Imagine you are on a nice sunny beach, feeling the warm ocean breeze on your face, and listening to the soothing sound of … an Outlook e-mail notification!?!?
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    When Will Inadequate Performance Provide Just Cause To Dismiss A "Senior Manager"?

    An Ontario court recently awarded a dismissed employee wrongful dismissal damages in spite of findings to the effect that the high-level employee had persistently failed to satisfy the employer's reasonable performance standards.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Sober Second Thought Key To Proving Reasonable Cause For A Drug Test

    Drug and alcohol testing has become both more common, and more accepted, in safety sensitive workplaces.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    BC Supreme Court Weighs In On Mandatory COVID-19 Vaccination Policies

    On September 27, 2022, the BC Supreme Court released its decision in Parmar v. Tribe Management Inc., 2022 BCSC 1675 ("Parmar"). This is the first time the BC Supreme Court has directly...
    CanadaCoronavirus (COVID-19)
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Arbitrators Consider Vaccination Policies

    In the past few weeks, arbitrators have begun to issue decisions considering the reasonableness of COVID-19 vaccination policies in unionized workplaces.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    B.C. Employment Standards Tribunal Confirms After-Acquired Cause May Justify Termination Without Notice Or Pay In Lieu Under The Employment Standards Act

    In Re Black Press Group Ltd., BC EST No. RD074/17, the B.C. Employment Standards Tribunal confirmed that evidence of after-acquired cause (i.e. evidence of pre-dismissal misconduct...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Bullying And Harassment: The Treatment Of Complaints And Claims By WorkSafeBC And Employers

    All of these changes have meant quite a lot of new work for employers as they sought to comply with the new rules.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Dismissed Employee Justified In Refusing Offer Of Re-Employment With Same Employer: Fredrickson V. Newtech Dental Laboratory Inc., 2015 BCCA 357

    The B.C. Court of Appeal recently considered the extent of a dismissed employee's obligation to accept re-employment with the same employer in order to satisfy the duty to mitigate damages flowing out of termination of employment.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Employer's Repudiation Of Employment Contract Results In Damages Award Of Over $450,000 For Dismissed Executive

    In Timmins v. Artisan Cells, 2024 ONSC 7123, the Ontario Superior Court of Justice issued a substantial damages award – an award in the amount of $456,908.82 – in favour of the plaintiff, Nicholas Timmins.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP

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