Sooner or later, employment law creeps into all of our lives, as summer students at Burger King, manager of a shredding company, CEO of Toyota Canada or as owner of the Vancouver Canucks. This article offers an excellent brew of the essentials of employment law in Canada.
When an employer terminates an indefinite term employment contract, they are obliged to give the employee advance notice, or money in lieu of notice (severance pay). Unjust dismissal is concerned with an employer failing to give an employee adequate severance pay, or where the employer alleges that dismissal is based on grounds that do not justify "just dismisal or "dismissal for cause". It can be a high-stakes "cat and mouse" contest, best left to specialized lawyers, but which is generally descibed in this article to the benefit of the unitiated.
So much is, can and should be done via agents in today's complex international commercial world. This article gives you an "in's and out's" of this branch of the law; the law of agents and of agency. At the table are agents, principals and third-parties.
Employer's are not entitled to heavy-handedly manipulate the terms of an employee's employment contract. Doing so exposes the employer to the departure of the enmployee and a succesful claim of constructive dismissal, or a finding that in its actions, the employer effectively terminated (lawyers call it "repudiation") the employment contract.
Every year, 3-million Canadians apply for, and receive, unemployment insurance benefits. Since June 30, 1996, the new phrase is "employment insurance" as the federal government implements the new
Employment Insurance Act.
This information, provided to you by Lloyd Duhaime, is for informational purposes only and should not be considered as legal advice or instruction. Consult a lawyer or other legal professional for advice relating to a legal problem. Laws can be amended with little warning and change some of the information below so make sure, if you want to "do it yourself", that you consult official court or government publications such as the official statutes of B.C. or the Gazette.
Like scratching eczema, being insolence may feel good for the few seconds that it lasts but almost as soon as it's over, the insolent employee may finds himself unemployed and with a black mark on his employment record.
This general legal information is provided free of charge, for the time being, by Lloyd Duhaime (practising law with
Duhaime Law),
Barrister & Solicitor, situated in Victoria, British Columbia, as a
public service. This is not legal advice but, rather, general legal
information. This information is shared with the public on the
condition that to it is attached no warranty whatsoever with regards to
its accuracy and any use in actual legal situations in done entirely at
the sole risk of the user.
Labour Law refers to that branch of the law which pertains to unionized workplaces. It is a branch of the law which has taken off even from the solid base of administrative law, and where the rule of law is no longer well grounded; to some, a "good thing" and merely a necessity given the specialized nature of labour law; but to others caught within its tentacles, an arbitrary forum where Lady Justice does not have season tickets. This article reviews the essentials of labout law but also ponders whether "the King has no clothes".
"Don't employ without it", a popular phrase for restrictive covenants in employment situations. But the courts view restrictive covenants with disdain. Perhaps the law of restrictive covenants would be more properly phrased "The Art of Restrictive Covenants" or "How to Stop the Departing Employee from 'Selling the Goods' to the Competition".
Squabbling over severance pay for dismissal without cause is often the biggest sticking point between an employer who wants to shed an employee and an employee who wants fair terms. Here, we dissect a few representative cases.