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Judicial Review

"Drug and Alcohol Addiction: Last Chance Agreements"

Jurisdiction: - British Columbia
Sector: - Health Care

Vancouver lawyer Carmen J. Overholt, Q.C. has prepared a paper entitled "Drug and Alcohol Addiction: Last Chance Agreements".

The paper focuses on the BC Court of Appeal's decision in Health Employers Assn. of B.C. (Kootenay Boundary Regional Hospital) v. B.C. Nurses' Union, 2006 BCCA 57 (the Bergen decision).

Can a "professional" have his/her notice entitlement limited to that in the BC Employment Standards Act?

Jurisdiction: - British Columbia
Sector: - Education

Mr. Wong, a chartered accountant, was hired by UBC in a newly created position of Controller, commencing on September 3, 2002.

The letter confirming his employment stated that the terms and conditions of his employment would be those found in two agreements that UBC had entered into with the Association of Administrative and Professional Staff. One of these agreements contained the following terms in relation to notice:

An employee terminated during the probationary period for reasons other than just cause shall receive notice or pay in lieu of notice in accordance with the provision of the Employment Standards Act.

UBC ended up not implementing Wong's position and thus his employment was terminated just under 7 months later. UBC took the position that, in accordance with the employment contract, it was required to provide him with only 1 week's pay. However, "out of courtesy", it had paid him 1 month's salary.  read more »

Dismissal not "unjust" under Canada Labour Code if employee given reasonable notice or payment in lieu

Jurisdiction: - Canada/Federal
Sector: - First Nations

Chalifoux v. Driftpile First Nation-Driftpile River Band No. 450, [2000] C.L.A.D. No. 368 (Wakeling)