Employment Law Services
We advise employers and employees on matters including planning and negotiation, executive employment contracts, confidentiality and non-competition issues, shareholder disputes, mergers and acquisitions, and labour and employment injunctions.
TGC lawyer Fred Wynne successfully overturned a WorkSafe BC denial of compensation for a worker who had experienced persistent, low-level harassment in his workplace. You can read about the decision here. TGC lawyers have experience with WorkSafe issues. If you are an employer or employee dealing with a claim then you should contact us.
TGC Lawyer Fred Wynne was quoted in an article on the Province’s response to COVID-19 that appeared in the October 22 edition of The Lawyer’s Weekly. In the article Fred talks about the challenges that workers are facing in the current economy. Fred is quoted as saying: “The legal definition of who is and who … Continued
This is a case involving workplace bullying and harassment. TGC lawyer Fred Wynne, on behalf of the employee, successfully appealed WorkSafeBC’s denial of compensation for mental distress.
The Tribunal held the following:
Based on the worker’s unrefuted testimony, I find that he experienced a series of targeted events which constitute harassment in the workplace, which consisted of some events that on their own would be considered significant stressors, and others which would not stand on their own as significant stressors. However, notwithstanding that many of these events would not stand on their own as significant stressors, I find that the worker’s evidence established a pattern of seemingly benign or trivial individual events that when viewed as a whole consisted of harassment towards the worker.
Courts should ask two questions when determining whether the appropriate quantum of damages for breach of an implied term to provide reasonable notice includes bonus payments. First, courts should consider the employee’s common law rights and examine whether, but for the termination, the employee would have been entitled to the bonus or benefit as part of their compensation during the reasonable notice period. Second, if so, courts should determine whether the terms of the employment contract or bonus plan unambiguously take away or limit that common law right.
…this Court has been emphatic in recognizing that, in addition to whatever financial dimension work entails, a person’s employment is “an essential component of [their] sense of identity, self-worth and emotional well-being” (Reference re Public Service Employee Relations Act (Alta.), 1987 CanLII 88 (SCC),  1 S.C.R. 313, at p. 368). To this end, it is understandable that employees seek some recognition that they have been mistreated, reflecting that they feel it unfair, beyond any compensatory matter, that they were forced to quit in such circumstances.