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BC Court of Appeal

BC Court of Appeal finds Coast Mountain Bus Company's Attendance Management Program to be discriminatory

Jurisdiction: - British Columbia
Sector: - Transportation

In a decision issued on October 15, 2010 - Coast Mountain Bus Company Ltd. v. National Automobile, Aerospace, Transportation and General Workers of Canada
(CAW-Canada), Local 111
, 2010 BCCA 447 - the BC Court of Appeal found Coast Mountain Bus Company's Attendance Management Program to be discriminatory.

In doing so, the appeal court overturned the chambers judge's 2009 decision, which I wrote about here, and restored the BC Human Rights Tribunal's February 2008 decision on this point.  read more »

Employee on maternity leave was constructively dismissed when employer took steps to dissolve operations

In Lewis v. Terrace Tourism Society, 2010 BCCA 346, the majority of the BC Court of
Appeal found that the Executive Director ("ED") of the Tourism Terrace Society (the "Society") was constructively dismissed when the Society took steps to dissolve its operations while she was on maternity leave.

Background

The ED commenced her employment with the Society in May 2004.

At the end of 2006, she started a maternity leave that was scheduled to run until January 2008. An interim ED was hired to replace her.

Two weeks after the ED commenced her maternity leave, the Society determined that it was in dire financial straits. It took several immediate steps to deal with the situation, including laying off the interim executive director and removing the ED's signing authority on its bank accounts.

A month later, the Society passed a "dissolution" resolution in which it voted to:  read more »

BC Court of Appeal overturns award of $100,000 in punitive damages to apprentice employee

In Marchen v. Dams Ford Lincoln Sales Ltd., 2010 BCCA 29, the BC Court of Appeal:

  1. overturned the trial judge's award of $100,000 in punitive damages;
  2. upheld the trial judge's award of $25,000 in consequential damages;
  3. upheld the trial judge's decision to not award moral damages; and    
  4. remitted the matter back to the BC Supreme Court to determine the notice period.

This appears to the second written employment law decision issued by the BC Court of Appeal in 2010. The first was Davidson v. Tahtsa Timber Ltd., 2010 BCCA 12, which dealt with a procedural matter.

Background  read more »

BC Court of Appeal addresses how lump-sum pension payments should be calculated over notice period

Jurisdiction: - British Columbia
Sector: - Manufacturing

In the wrongful dismissal case of Lewis v. Lehigh Northwest Cement Limited, 2009 BCCA 424, the BC Court of Appeal addressed the manner in which special allowances, discretionary increases in salary and pension benefits should be treated over the notice period. It also discussed the duty the mitigate and the awarding of costs.

Background

The appellant employee had been employed by Lehigh Northwest Cement Limited ("Lehigh") for 26 years.  He was the manager of computer systems. He was dismissed without cause in 2006 following a 28 month medical leave of absence because there was no position for him to return to.  He was 58 years of age.  Lehigh offered him a severance package equal to 15 months salary, which he declined.

At trial, he was awarded 22 months notice, which equalled about $200,000, and about 30% of his costs (see  Lewis v. Lehigh Northwest Cement Limited, 2008 BCSC 542).  read more »

Appeal Court rules that franchisee and its employees were carrying out Petro-Canada’s work for purposes of WCB Act

Jurisdiction: - British Columbia
Sector: - Oil & Gas - Retail Trade

In Petro-Canada v. British Columbia (Workers' Compensation Board), 2009 BCCA 396, the BC Court of Appeal ruled that a franchisee and its employees were carrying out Petro-Canada’s work for purposes of WCB Act.  You can read a summary of the case ("Vicarious Liability - Franchisor as "Employer"") by Davis LLP here.