E Care Contact Centers carries on business in British Columbia as a short term lender. Ms. Macaraeg was employed in that business between May, 2004 and February, 2006, first as a “Customer Service Representative” and later as a “Credit Recovery Specialist – Account Manager”. Ms. Macaraeg worked a considerable amount of overtime during her employment, … Continued
In this employment law matter, we successfully recovered wrongful dismissal damages from one of B.C.’s largest Pulp mills, on behalf of a 39 year service middle manager. Eurocan alleged that our client was thinking of taking home a small quantity of motor oil. The employer relied on this as “attempted theft” and alleged just cause … Continued
In this wrongful dismissal action we represented an employee who had refused to accept a proposed transfer in the employer’s business, which the employer characterized as a promotion. The employer fired the employee for his refusal, taking the position he had quit. We successfully argued that under our laws governing employment, an employer may not … Continued
In this employment law matter, we represented a hospital administrator in a claim for wrongful dismissal damages. The Defendant took the position that it owed our client only 12 months notice – they denied that she was entitled to the banked sick leave time or the retiring allowance referred to in her employment contract. The … Continued
The Appeal was heard on June 14, 2005. The Court of Appeal refused the appeal, in effect deciding that the original decision of the trial judge was correct. Reasons for Judgement, Court of Appeal – June 14, 2005
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.
I have consulted with Blair and sought his legal advice on several occasions. I have been very happy with the results. Blair is an excellent communicator who advised me of my legal rights in a clear and understandable way. I was very pleased with his efficiency and professionalism. I highly recommend him.