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Wrongful Dismissal Damages and Pension Benefits

In IBM Canada v. Waterman, the Supreme Court of Canada (“SCC”) has considered the deductibility of pension benefits from wrongful dismissal damages in a decision that may also have implications for the deductibility of other types of payments.

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Damages Reduced for Failure to Accept Recall After Improper Layoff

A British Columbia production supervisor has successfully sued his former employer for wrongful dismissal after he was laid off indefinitely, but the BC Supreme Court reduced the worker’s damages by half because the worker refused the employer’s offer of recall.

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What Happens When Small Business Ignores HR Issues

Today, small-business owners frequently hire employees without considering all potential pitfalls. They often make decisions quickly, choosing the path of least resistance. Later, such decisions can have catastrophic results; ensuing legal costs can result in bankruptcy. Even though the following five hypothetical cases don’t specifically involve tourism related businesses, it is important to realize they could!

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Soft Departure

Most people believe that a dismissed employee should leave the premises immediately. But the over-whelming majority of employees will react as professionally as the employer permits.

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Best Practices for Terminating Employees

A few years ago, we worked with a client who decided to part ways with a long-standing and trusted executive. The CEO and HR executive met with him to deliver the news, but instead of telling him to leave immediately, they gave him full control over how he spent his final day.

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Performance Reviews a Must for Success

Many employees and employers still cringe at the prospect of the annual or semi-annual performance review. Employees sometimes view them as a nerve-wracking process designed to point out their flaws. While employers sometimes view them as paperwork projects that can potentially create unneeded conflict.

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Top 10 Dos and Don’ts in Planning an Employee Dismissal

If you are an employer contemplating the hard decisions regarding employee lay-offs and dismissals, here are some tips to make this process go as smoothly as possible and to avoid some of the legal pitfalls that could arise from dismissing an employee.

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Maternity & Parental Leaves

Maternity leave and parental leave are outlined separately under the Employment Standards Act.

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Drug & Alcohol Dependency and the Employer’s Duty to Accommodate

Employees concerned with their alcohol and drug use or showing signs of dependency can significantly impact the workplace and negatively impact attendance, performance, behaviour and safety. Furthermore, given that British Columbia’s human rights legislation includes drug and alcohol dependencies within the meaning of disability under the Human Rights Code, employers have a legal obligation to accommodate these disabilities within their organization.

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Fostering Employee Engagement During a Time of Crisis

In response to the COVID-19 pandemic, many tourism and hospitality employers have suddenly been faced with making tough business and financial decisions in order to comply with government legislated restrictions (e.g. physical distancing measures) as well as maintaining the viability of their business.