The BC Supreme Court Registry has today scheduled a one hour hearing before the Honourable Madam Justice Ballance, the Case Management Judge, to hear submissions about the process which should be followed by those persons who claim to be entitled to share in the remaining funds. It is expected that this process will involve applications … Continued
TevlinGleadle Employment Law Strategies has launched a class action suit on behalf of all B.C. doctors who have chosen not to be members of the British Columbia Medical Association, but who must obtain their benefits from the organization. The action is intended to be on behalf of the estimated 1,000 doctors who are not members of … Continued
The Vancouver Sun has published an article on the commencement of this proceeding. See article by Vancouver Sun reporter Mr. Bob Ward here.
Russo v. Kerr, 2010 ONSC 6053, a decision of the Ontario Superior Court, addresses some of the more esoteric elements of the interplay between wrongful/constructive dismissal and mitigation of damages. Russo is noteworthy for the approach it takes to the question of an employee’s right to sue for damages during a period of working notice.
On February 18, 2011, in Beggs v. Westport Foods Ltd., 2011 BCCA 76 the BC Court of Appeal handed down reasons case which involved issues which often arise in a wrongful dismissal claim. In this important employment law case, the plaintiff was a long service permanent part-time clerk in the defendant’s grocery store. She had … Continued
In Whiting v. First Data Canada Merchant Solutions the BC Court of Appeal overturned the dismissal of Mr. Whiting’s wrongful dismissal case. We represented the plaintiff at trial and at the appeal. The trial judge had allowed Mr. Whiting’s claim for back pay (bonuses and commissions) and awarded about $20,000 for these claims, but the … Continued
In this important employment law matter, Faskens (a leading national law firm) has commenced proceedings in the BC Supreme Court in an effort to overturn the decision of the Tribunal.
Dan Gleadle and Chris Forguson, appreared before the Honourable Mr. Justice Kelleher on Monday and Tuesday, February 14 and 15, 2011 and made submissions to the court in support of an application for certification of this important employment law matter as a “class proceeding”. The court “reserved judgement” – meaning that the application was not … Continued
The British Columbia Human Rights Tribunal’s ruled in McIntosh v. Metro Aluminum Products Ltd., that an employer and its owner were liable for substantial damages because of unwanted sexually suggestive text messages, sometimes referred to as “sexting”.
When can an employee say no to the boss or sue for wrongful dismissal? This is an interesting question without a simple answer. The answer depends on the particular circumstances of the direction given by the employer and supervisor. Employees must obey all lawful orders by their employers and supervisors, failing which they risk … Continued
I was fortunate to be referred to Tevlin Gleadle Curtis upon the surprising termination of my employment. During a very stressful time, their systematic and balanced approach provided the clarity and options essential to move a personally demanding process forward. Their effort and quick reaction times resulted in a court appearance four months post dismissal and a favourable judgement one an half months later.