Termination for Off-Duty Conduct

In the recent decision of Klonteig v. West Kelowna (District), 2018 BCSC 124, the BC Supreme considered when an employer could terminate the employment relationship based on off-duty conduct. Background Mr. Klonteig was the Assistant Fire Chief for the City of West...

Does Income from Second Job Constitute Mitigation?

In a recent decision of the BC Court of Appeal, Pakozdi v. B & B Heavy Civil Construction Ltd., 2018 BCCA 23, the Court clarified when post-termination income from a second job counts as mitigation. BACKGROUND David Pakozdi, the respondent, was an experienced bid...

Noteworthy employment/human rights cases (BC 2017)

BCHRT v. Schrenk, 2017 SCC 62 In this decision, the SCC expanded the scope of the “workplace” in relation to human rights. This case involved M, a Muslim Iranian descent who worked for Omega and Associates Engineering Ltd., and S, a site supervisor who worked for...

Perils of a Haphazard Workplace Investigation

A workplace investigation that is not done properly can result in significant legal liability for an employer and sometimes, even the investigator. In a recent decision from Ontario, Doyle v Zochem Inc. et al., 2017 ONSC 920 (CanLII), the court ordered an employer who...

What employers should know about retracting an offer of employment

In Buchanan v Introjunction Ltd., 2017 BCSC 1002, the BC Supreme court made it clear that, in the absence of an express contractual provision to the contrary, an employer can be liable for damages if it retracts an offer of employment that has already been accepted,...