In this employment law (wrongful dismissal) matter we represented an equities trader that had worked for her entire career in Vancouver trading Canadian equities for institutional clients. When her employer decided to relocate the Vancouver office to San Francisco, she decided that she did not want to move and raise her young family in the … Continued
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.
PROCEDURE TO OPT IN OR OPT OUT Participation in the class action is not mandatory. By reading the definition of the class in the Certification Order, all persons will be able to learn whether they are or could be included in the class. BRITISH COLUMBIA RESIDENTS British Columbia residents who are within the definition of … Continued
On Thursday, February 13, 2005 the Honourable Judge Elizabeth Bennett pronounced Reasons for Judgement certifying the Western Star proceeding as a class action under the Class Proceedings Act.As well, the judge ordered that the pension claims and the employment claims be “severed”. This required class counsel to commence a separate action for the employment claims, … Continued
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.
On June 30, 2003 with the assistance of the Case Management Judge, a new hearing was scheduled for September 11, 2003. At that hearing, class counsel intended to seek to have the court resolve all outstanding issues relating to certification of the pension class action. These issues primariliy relate to the appropriate subclasses for the … Continued
In this employment law matter we successfully defended our client Intrawest Corporation from a claim of wrongful dismissal. We had worked with our client to develop a fair and progressive employee performance system which was referred to with approval by the Court of Appeal in this case. The Court dismissed the action against our client … Continued
Class Counsel have commenced an Appeal to the British Columbia Court of Appeal. Freightliner Ltd. has cross appealed for an order that the matter be decertified. Notice of Appeal
The court determined that Freightliner had given effective advance notice of termination of employment when it notified employees of the plant closure. Reasons for Judgement
The hearing took place at the Vancouver courthouse on March 24th and 25th, 2004. The court was asked to determine whether Freightliner’s employees received any effective working notice of termination of their employment. Notice of Motion filed January 20, 2004 Affidavit of Peter Gregg sworn on July 24, 2002 Affidavit of Peter Gregg sworn on … Continued
I am incredibly appreciative of Sean Tevlin. Simply put - my life and future are much better due to Sean's representation. His calm, professional approach, advise and guidance were significant factors that enabled me to come to a successful agreement with my employer. I will always be grateful to Sean and the staff at Tevlin Gleadle Curtis and would highly recommend them to anyone in need of a labour lawyer.