TevlinGleadle’s David McWhinnie obtains court decision – Pastor can proceed with wrongful dismissal claim against former Church

This case concerns a claim for wrongful dismissal brought by a pastor against his former church. In his claim the pastor seeks, amongst other relief, compensation in lieu of reasonable notice after being terminated from his job. The defendant church applied to summarily dismiss the pastor’s claim on the basis that he should not be … Continued

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McCormick and Beyond, Surprising edicts from our top court

Consider, if you will, what it would feel like to stand in front of the Supreme Court of Canada and face questions like: ‘if what you’re saying is right, wouldn’t that mean you could eliminate someone’s job for being pregnant, or because of their religion?’ I hope that you have concluded it would not feel very good to face such questions.

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Lawyers Weekly Article on dismissal of McCormick Appeal

The Supreme Court of Canada has rendered its decision in the case of McCormick v Fasken. cite 2014 SCC 39 The Court agreed with the appellant that the British Columbia Court of Appeal was incorrect in relying exclusively on partnership law in its analysis. It was determined that the test for who has the benefit … Continued

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Murray Tevlin Presents at Lancaster House “Human Rights and Accommodation” Conference in Vancouver, BC

Pensions, Job Performance, Discrimination and Accommodation: Coping with the challenges of an aging workforce 9:00 AM – 10:15 AM (April 23 and 24, 2014) TOPICS The converging factors of an aging population, retirement and pension plan insecurity, and the end of mandatory retirement have resulted in an increased percentage of older workers in the workplace. With … Continued

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B.C. Lottery Corporation and Constructive Dismissal

B.C. Lottery Corporation has recently terminated a large number of employees. Our understanding is that this reflects BCLC’s position that people are moving to online gambling, resulting in a need to reorganize. Some of these terminations may take the form of constructive dismissal – an erosion of one’s actual job to a point it becomes unacceptable.

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McCormick v. Fasken’s Webcast Now Available for Viewing

The Supreme Court of Canada has now archived its webcast of the proceedings in this important appeal involving issues of cental importance to the scope of human rights legislation in Canada. The case involves age discrimination against a law partner in a large Canadian law firm, but the issues involve the right of persons to … Continued

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