Terminated employee ordered to pay UBC $5,000 in costs due to improper conduct during human rights proceeding
In Wells v. UBC and others (No. 5), 2011 BCHRT 176, an employee terminated by the University of British Columbia ("UBC") for benefits fraud was ordered by the BC Human Rights Tribunal to pay UBC $5,000 in costs as a result of her improper conduct during a human rights proceeding.
The order was made pursuant to section 37(4) of the BC Human Rights Code.
The improper conduct in question was misrepresentations she had made to the Tribunal regarding why she had delayed in filing her late complaint.
A story in The Province about this decision can be found here: "Fired worker must cover $5g in costs" (July 8, 2011).
The tort of "inducing breach of contract" vs. the tort of "intentional interference with contractual relations"
What is the difference between the tort of "inducing breach of contract" as to the tort of "intentional interference with contractual relations"?
This question was addressed recently by Nikolay Chsherbinin in an article he wrote entitled, "When employees cross the street".
The article was published in the summer 2011 edition of the Canadian Corporate Counsel Association magazine. Mr. Chsherbinin is a lawyer at Grosman, Grosman & Gale LLP in Toronto. The firm's website states that he is currently working on his first legal book, The Law of Inducement in Canadian Employment Law.
As set out in the article, the scope, elements and rationale of each tort are different:
Tort of inducing breach of contract
The "new" employer must have intended to and actually procured a breach of the employee's contract with the "old" employer. That is, the new employer persuades an employee to breach his employment contract with his old employer.
Tort of intentional interference with contractual relations read more »
Appeal Court dismisses appeal in forestry employee's negligent misrepresentation, wrongful dismissal case
My summary of the trial judge's decision can be found here.
"Changing Employment Terms—Developments in Constructive Dismissal" is the title of a paper that Richard E. Press of Davis LLP in Vancouver, BC prepared for the Employment Law Conference held on May 2011 (Continuing Legal Education Society of British Columbia).
The Table of Contents is as follows:
- Constructive Dismissal-The Basics
- Responding to Repudiation of the Employment Agreement
- Condoning Changed Terms.
- Non-Legal Strategies to Have an Employee Accept Changed Terms
The BC Law Institute has recently announced that it has commenced a project to research the meaning of “Family Status” under the BC Human Rights Code.
The Overview of the "BC Family Status Legal Research Project" found on the BCLI website states as follows: read more »
Lauren M. Bernardi, a lawyer and human resource advisor with the Mississauga firm of Bernardi Human Resource Law, has prepared a list of the "10 Best Practices in Employment Law" (undated).
As further explained in the publication, her 10 best practices are:
- Use a complete hiring strategy.
- Use employment agreements.
- Use job descriptions.
- Use independent contractors only where appropriate.
- Implement employee policies.
- Use progressive discipline.
- Implement a harassment policy.
- Conduct performance evaluations.
- Document, document, document.
- Be fair.
Owner of work camp in oil patch found not to be "employer" for purposes of sexual harassment complaint
The court's decision is here: 375850 Alberta Ltd. v. Noel, 2011 ABQB 218.
The Alberta Human Rights Tribunal's decision is here: Beverly Noel and 375850 Alberta Ltd. (N2006/08/0134) (September 16, 2010).
A summary of the decision by LindaMcKay-Panos has been posted to ABlawg.ca. You can read it here: "Issue of 'Employment' in Human Rights Cases Arises Yet Again" (May 17, 2011).
Federal Labour Minister, Lisa Raitt, issued a media release today urging Canada Post Corporation and the Canadian Union of Postal Workers (CUPW) to reach a renewal of their collective agreement.
As set out in the release:
- The collective agreement covers a unit of approximately 50,000 postal workers;
- The agreement expired on January 31, 2011;
- Negotiations between Canada Post and CUPW - Urban Operations Unit started in October 2010; and
- The parties will acquire the legal right to strike or lockout on May 25, 2011, at 12:01 a.m.
Kevin O'Neill, a lawyer at Faskens, has written an article entitled, "A New Twist on Director’s Liability for Unpaid Wages in a Unionized Environment" (March 15, 2011). The article was published in the firm's HR Space newsletter.
It addresses the decision of the BC Employment Standards Tribunal in Writers Guild of Canada and The Director of Employment Standards, BC EST #RD021/11.
As noted by Mr. O'Neil in the article:
- The BC Employment Standards Act imposes liability on directors or officers for up to two months of unpaid wages for each affected employee.
- However, in the Writers Guild case, a company director "avoided ESA enforcement proceedings against him because the unpaid amounts arose out of an arbitration award against the company, in a unionized setting".
BC court issues precedent decision on penalties for breach of Canada Labour Code group termination provisions
In Regina v. Servisair Inc. BCPC 142, the BC Provincial Court addressed the appropriate penalties to impose for breach of certain Canada Labour Code ("CLC") group termination provisions.
The decision was issued on May 10, 2011. It is the first reported decision in Canada to consider the penalty issue.
Group Termination Provisions
The group termination provisions in the CLC are triggered when 50 or more employees are terminated in a single industrial establishment either simultaneously or within a 4-week period. Among other things, these provisions require the employer to: read more »
Murray Gold, a lawyer at Koskie Minsky in Ontario, has recently written a paper on "Pension Reform Current Issues"(April 2011). As set out in the Executive Summary, the paper:
- reviews Canada's retirement income system, and explains how it works;
- looks at the Old Age Security ("OAS"), the Guaranteed Income Supplement ("GIS"), the Canada Pension Plan ("CPP") and employment based pensions, and explains how they function and work together; and
- reviews the political parties' pension platforms in the 2011 election, and compares and evaluates them.
American Bar Association's "5th Annual Section of Labor & Employment Conference" set for Seattle in November
Labour and employment lawyers in Vancouver may be interested to know that the American Bar Association's "5th Annual Section of Labor & Employment Conference" will be held in Seattle this year, on November 2-5, 2011.