Making an Effective and Enforceable Release

Disputes over wrongful termination of employment arise on a daily basis. Employers rarely provide employees with actual working notice for a reasonable period of time – as is their legal obligation. Once an employer decides that an employee should go, there is rarely an appetite for the employee to work out a reasonable notice period.

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So What Exactly Constitutes Just Cause?

Once an employment relationship comes into existence, employers are required to give reasonable notice to bring the contract of service to an end. The exception is if just cause exists — when the employer is permitted to dismiss without notice.

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Perspectives on Salary Continuance in British Columbia Employment Law

I. Introduction Employers, employees, and their advisors are vitally interested in developments in the law relating to the appropriateness of salary continuance. These considerations have until recently created significant settlement difficulties in many instances. After termination, employers sometimes advance salary continuation offers, which are not accepted, and unilaterally pay continuance after dismissal. Employers then defend … Continued

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Mitigation in Wrongful Dismissal Damages – 30 Years after Michaels v. Red Deer College

The leading Canadian common law case on the duty to mitigate in the wrongful dismissal context is Michaels v. Red Deer College, [1976] 2 S.C.R. 324. A recent Quicklaw search indicates that Michaels has been followed in 43 subsequent Canadian decisions and mentioned in 442. Michaels is important because it addresses not only the issue of who bears the onus of proof in a mitigation defence (the defendant), but also the nature of the evidence required to establish this defence. A review of many of the decisions that cite Michaels reveal that it is cited for the onus of proof. However, there has been little judicial consideration of and inconsistent application by lower courts of what Michaels says about the nature of the proof required by a defendant raising mitigation as a defence.

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Perspectives on Salary Continuation (Continuance) in British Columbia Employment Law

Employers, employees, and their advisors are vitally interested in developments in the law relating to the appropriateness of salary continuance, sometimes referred to as salary continuation. These considerations have until recently created significant settlement difficulties in many instances.

After termination, employers sometimes advance salary continuation offers, which are not accepted, and unilaterally pay continuance after dismissal. Employers then defend on the basis that the employee’s action is not supportable, as no damages are suffered.

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Whistle Blowing in British Columbia: Nervous Reporting and Risky Reprisals

The term “whistle blowing” has entered the lexicon of law, corporate governance and politics. For the purposes of this paper, “whistle blowing” refers to employees informing authorities of suspected wrong-doing by his or her employer. The analogy of whistle blowing is to an official on a playing field, such as a soccer referee, who can blow the whistle to point out an infraction and stop the action. More recently the term “ethical reporter” has replaced the term “whistle blower” in academic circles.

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