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Fundamental contract terms

Workplace Discrimination and the BC Human Rights Code

The BC Human Rights Code protects the fundamental human rights of everyone in British Columbia. The Code prohibits discrimination against people who possess characteristics (or are perceived to possess characteristics) that fall into a prohibited ground of discrimination. In this respect, the Human Rights Code prohibits employers from discriminating in their advertisement for positions, hiring, during the course of […]

By |February 5th, 2016|Employee rights, Employment Law, Fundamental contract terms, Human rights|Comments Off on Workplace Discrimination and the BC Human Rights Code|

Is Your Termination Clause Enforceable? Part 2

In our first installment I described the possible effect of well drafted termination clauses in employment contracts.  Where a termination clause is not properly drafted and fails to meet the minimum standard set in the Employment Standards Act, it will be unenforceable.  The following are some examples of termination clauses that BC courts have considered and found […]

By |January 8th, 2016|Contracts, Contractual notice, Damages, Fundamental contract terms, Termination clause, Wrongful dismissal|Comments Off on Is Your Termination Clause Enforceable? Part 2|

Is Your Termination Clause Enforceable? Part 1

Many employment contracts these days contain clauses that are commonly referred to as “termination clauses” (sometimes also called “fixed notice periods”, “defined notice periods”, “severance clauses”, etc).  A termination clause will usually define the exact amount of notice or severance pay that an employee will receive in the event of termination. Almost always, a […]

By |January 8th, 2016|Contracts, Contractual notice, Damages, Employment Law, Fundamental contract terms, Termination clause|Comments Off on Is Your Termination Clause Enforceable? Part 1|

Basics of Constructive Dismissal

A different kind of wrongful dismissal
Constructive dismissal is an area of employment law that is highly technical.  It requires specific legal expertise to understand and resolve. Many constructive dismissal cases fall apart in trial because the plaintiff did not have the knowledge or support required to prove his or her case. The plaintiff may […]