Tevlin Gleadle Curtis is pleased to announce that Kemily Ho will be joining our team of lawyers upon completion of her Articles. As an Articled Student, Kemily has been assisting the lawyers at TGC with a number of complex cases.
You will never read a news headline akin to “sales force given enormous commission cheques due to its role in record sales” or, for that matter “vehicle purchased at price agreed between buyer and seller.” Why then are these stories so prevalent in the limited context of public-sector severance packages?
Future Shop has fired an unknown number of employees, definitely exceeding 50. This is a group termination as defined in s. 64 of the Employment Standards Act.
Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10 is the most recent time the Supreme Court of Canada touched on the issue of Constructive Dismissal. There was no earth-shattering change to the law, but the case contained a few interesting edicts from the employment lawyer’s perspective. Many of these principles would apply equally to a wrongful dismissal scenario.
I have noticed a lot of confusion in the news recently concerning what people often (and incorrectly) refer to as “severance packages.”
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.
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.
Mr. McCormick was forced to leave because he had attained an age which, according the the Partnership Agreement he signed, he could not without approval continue as an equity partner.
The plaintiff, Larry Higginson had been dismissed from the Babine sawmill in Burns Lake in October, 2009. The Babine sawmill had been acquired in November 2006 by Hampton Lumber Mills Inc. based in Portland, Oregon. Babine Forest Products Inc. and Hampton Lumber Mills Inc. were joint defendants.
Today, the BC Supreme Court handed down a landmark decision in the claim by Mitch McCormick against Fasken Martineau, upholding the decision of the BC Human Rights Tribunal on the fundamentally important questions of jurisdiction.
I chose Tevlin Gleadle Curtis to represent our group because of their reputation as one of the top Employment Law firms in British Columbia. They were the right firm to present our employment and pension class action cases. We definitely benefited by utilization of Tevlin Gleadle Curtis' "team" approach to resolving our list of issues in both classes. At all times our business was conducted in a very professional manner. I do not hesitate in recommending the Tevlin Gleadle Curtis team.