Last blog added on Friday, May 18th, 2012

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Recent Posts

Below is a preview of the five most recent posts from the blog Schenk & Associates. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

Dismissal Just Cause for Defamatory Letter to Shareholders
April 6th, 2010

Chen v. Sable Fish Canada Inc., 2010 BCSC 444, deals with the matter of one unhappy employee that got himself fired for airing the company’s dirty laundry to no less than the shareholders. The case makes clear that a degree of criticism of management is acceptable but when that criticism goe b... Read more »

Employment Law: Independent Contractor or Employee
March 13th, 2010

A sometimes thorny issue (aren’t they all all?) is whether the dismissed individual is an employee or an independent contractor. The issue has been recently adressed in McKee v. Reid’s Heritage Homes Ltd. , 2009 ONCA 916 (CanLII) (Ontario) and in Smith v. Centra Windows Ltd. , 2009 BCSC... Read more »

Wrongful Dismissal Reasonable Notice for Senior Older Employees
March 13th, 2010

Palmer v. Clemco Industries Inc., 2010 BCSC 230 deals with the dismissal of two older, senior management level employees. Employee 1: 60 years old, 14 year employee, service manager for a restaurant grease trap bio-remediator. 15 months reasonable notice. Employee 2: Similar age and responsibility... Read more »

BC Court of Appeal Upholds 15 Month Wrongful Dismissal Award
March 12th, 2010

Chapple v. Umberto Management Ltd. , 2009 BCCA 571, deals with the employment dismissal of a 38 year old, 13.5 year employed restaurant manager at one of Umberto’s Whistler locations. Including gratuities and tips her income was roughly $120,000.00 per year. The case is worth a read becau... Read more »

Employment Contract Frustration
February 18th, 2010

The doctrine of contract frustration deals with situations where a party cannot meet their obligations under a contract due to some non-culpable event. In the case of employment contracts the situation often arises where an employee becomes ill or disabled to the extent that they can’t perform... Read more »

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