September 18, 2002

Mental Suffering Damages

Damages for mental suffering back on the table Background The landmark Wallace decision in 1997 seemed to spell the end of claims for mental distress related to termination, setting the precedent that employees were not entitled to damages for any mental anguish that losing a job may bring. The recent Prinzo decision puts damages for…

August 12, 2002

Firing an employee for dishonesty – Put things in context first

Theory that any dishonest conduct is grounds for dismissal no longer holds Firing an employee for dishonesty is a relatively simple matter, right? Don’t be so sure — according to the Supreme Court of Canada, it depends on the circumstances. In a recent case, McKinley v. BC Tel [2001] 2 S.C.R. 161, the Supreme Court…

June 17, 2002

Tips for Getting it Right

Your employees are privy to sensitive information, but the company has no employment agreements in place to protect confidentiality or deal with terminations. Can you tell staff they must sign a written employment agreement that contains stringent confidentiality and termination provisions or they will be dismissed? Will the courts enforce agreements signed under those circumstances?…

June 17, 2002

Employment Agreements – Getting it Right

Three key elements to consider when implementing employment agreements for current employees: consideration, duress and reliance Your employees are privy to sensitive information, but the company has no employment agreements in place to protect confidentiality or deal with terminations. Can you tell staff they must sign a written employment agreement that contains stringent confidentiality and…

May 20, 2002

Vicarious liability

Employee Misconduct – Employer Responsibility Organizations may have to pay for the misdeeds of their employees When the Deas Island docking facility near Victoria, British Columbia, went up in flames in what appeared to be arson, its owners wondered how the arsonists were able to act while a security guard was on duty. How did…

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