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 ...
After mounting pressure from businesses in BC, the BC government announced on Thursday, June 25 that it has extended the allowable temporary layoff period from 16 weeks to 24 weeks until August 30, 2020 for layoffs caused by COVID-19. This means that, for all employees already on a temporary layoff due to COVID-19, they will not ...
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 ...
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 ...
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 ...
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 ...
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 ...
The employee brought a summary trial application for wrongful dismissal. The employer’s position was that the employee quit, and in the alternative, that it had just cause to terminate employment. The court determined that the employer had just cause to terminate the employee due to a derogatory email sent by the employee regarding his HR manager ...
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 ...
A recent decision of the BC Supreme Court (Coutlee v Apex Granite & Tile Inc., 2020 BCSC 315) provides a useful example of where an employee’s words and actions will be interpreted as a voluntary resignation rather than a dismissal. Summary of Facts The defendant company, Apex, provided tile and granite installation services. Apex hired ...
