Top Canadian Court Confirms that the Mandatory Arbitration Clause in Uber’s Driver Contracts is Unenforceable

13. July 2020 0
Uber Technologies Inc. v. Heller, 2020 SCC 16, a recent Supreme Court of Canada decision may have significant implications for individuals working in the gig economy, as well as for employers with mandatory arbitration or forum selection clauses in their contracts for service. Facts Mr. Heller, a food delivery driver with Uber Eats had sought ...

Termination with Cause: Acts of Dishonesty Provide Just Cause for Dismissal

09. June 2020 0
A recent BC Supreme Court decision demonstrates that acts of dishonesty by employees may give their employer grounds to dismiss them with cause. Facts In Movassaghi v. Harbourfront Wealth Management Inc., 2020 BCSC 579, the defendant employer, Harbourfront, was an investment consulting firm and member of the Investment Industry Regulatory Organization of Canada (“IIROC”). The ...

REVISING BONUSES: SUBSTANTIAL ALTERATIONS TO EMPLOYEE BONUS PROGRAMS MAY CONSTITUTE CONSTRUCTIVE DISMISSAL

A recent BC Supreme Court decision shows that employers should exercise caution when making unilateral changes to employee bonus programs. In Wiltse v. Seastar Chemicals ULC, 2020 BCSC 658, the plaintiff was a chemist who had been employed at a chemical productions company for 17 years. The plaintiff participated in the company’s bonus program, which ...