Facebook and Employment Law
The fact is that in a number of scenarios Canadian law does protect your right not to have your Facebook profile reviewed. There are a lot of important caveats to that statement. I will give two examples.
Author Archives: Tevlin Gleadle Curtis
Western Star Pension Class Action UPDATE (Court Rules on Issue of Who Shall Share in Final Distribution)
The Honourable Madam Justice Ballance of the BC Supreme Court today handed down Reasons for Judgement on the issue of whether certain Freightliner employees who were not initially on the distribution list, should share in the distribution, on the basis that they did not receive proper notice. The Reasons for Judgment can be viewed here. … Continued
Dobbs v. Cambie Malone’s Corp. (Wrongful Dismissal Award)
Martin Sheard of TevlinGleadle was plaintiff’s counsel in a successful wrongful dismissal claim in BC Supreme Court, where the employer initially dismissed without any allegation of just cause for dismissal. When Mr. Dobbs sought a severance package, the employer refused to pay anything, only then alleging conduct which amounted to “just cause”. See Dobbs v. … Continued
Giza v. Sechelt School Bus Service Ltd. (2012 BCCA 18)
Mr. Giza worked for 5 years as a school bus driver until, after a rough patch with his employer (not alleged to be just cause) the employer served 5 weeks’ working notice in purported compliance with the BC Employment Standards Act. Mr. Giza decided to cease work on the same day, instead of working through the 5 week notice period, and commenced an action for wrongful dismissal damages.
BCMA Class Action : Certification Hearing Concluded – Decision “Reserved”
TevlinGleadle argued the Certification Application in the BCSC in November, 2011. The Judge reserved his judgement for consideration, due to the large amount of material presented to him on the application. We continue to await word from the Supreme Court on when the judgment will be handed down.
BC Supreme Court Rejects Just Cause Allegation against Manager with Abrasive Management Style, Awards $50,000 Punitive Damages and $35,000 Aggravated Damages
Mr. Justice Goepel of the BC Supreme Court handed down comprehensive reasons for judgment on January 27, 2012 dismissing a just cause defence by the BC Liquor Distribution Branch in a wrongful dismissal damage claim by a senior manager.
Dan Gleadle Article in Human Rights Reporter
Dan Gleadle has written an article for the Canadian Human Rights Reporter issue published on Januayr 16, 2012, entitled “So What Exactly Constitutes Just Cause?”
Workplace Bullying as Grounds for Compensation
There is a recent proposal to amend the Worker’s Compensation regime of this province to include workplace bullying as grounds for compensation.
Western Star Decision Delayed until February, 2012
The Honourable Madam Justice Ballance has notified counsel that her decision on the issue of the claims by certain persons who failed to opt in to the class action will not be handed down for about six weeks. By our calculation, that should be by approximately mid-February. Our judges are extremely busy on many cases, … Continued
Szczypiorkowski v. Coast Capital Savings (Bonus Claim, Mitigation of Damages, 18 month notice period)
In this recent BC employment law case, the plaintiff recovered wrongful dismissal damages after long service. Just cause was not alleged at trial, but had been considered based on the plaintiff’s sending offensive jokes of a sexual nature by email.