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 ...

When a Temporary Lay off is no longer Temporary

22. June 2020 0
Many employers have laid off employees in response to the pandemic. Workplaces have been closed, operations restricted and companies have suffered significant financial consequences. For many workplaces, that led to laying off employees on a temporary basis, with the intent to re employ their work force once the pandemic situation allowed it.  However, under the British ...

Diversity and Inclusion in the Workplace

17. June 2020 0
The death of George Floyd on May 25, 2020 has led to global anti-racism protests and has shone a spotlight on inequality in all aspects of society, including the workplace.  Individual protestors are not the only ones who have stood up, rather we have also seen the business community standing up and actively engaging in ...

Terminating a Distribution Agreement Akin to “Dependent Contractor” Arrangement and Requires Reasonable Notice

Facts This was a summary trial application brought by the plaintiff, Meridian Distribution Ltd. (“Meridian”) seeking judgment against the defendant for breach of contract.  Meridian was a distributor of sporting goods and other accessories. The defendant, Endeavor Design Inc. (“Endeavor”) was a company that made snowboards and snowboarding accessories. From 2003 to 2012, Meridian and ...

Extension of CERB

17. June 2020 0
Yesterday Prime Minister Justin Trudeau announced the extension of the Canada Emergency Response Benefit (CERB) for a further 8 weeks, extending entitlement to a period of 24 weeks.  Eligible applicants can now receive a maximum of $12,000 for the 24 week period, with a payment of $500 per week.  The CERB was introduced to provide ...

Termination Without Cause While on Short-Term Disability: Does it Warrant Aggravated Damages?

11. June 2020 0
Martin v. Yellow Pages Digital & Media Solutions Limited, 2018 BCSC 2557 The employee brought a summary trial application for wrongful dismissal. There was no question that the employee was terminated without cause. The parties disagreed on the length of reasonable notice, the quantum of reasonable notice, and whether or not aggravated damages were warranted. Despite the ...

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 ...