(604) 988-1000
(604) 988-1000
Brendan Harvey
Brendan acts on behalf of employees and small businesses at all stages of the employment relationship, with a focus on straightforward advice and practical strategies. He regularly advises on employment contracts, non-competition and non-solicitation agreements, severance packages, wrongful and unjust dismissal claims, discrimination claims in the workplace, and other employment-related matters.
In cases of termination, Brendan’s first priority is to advocate for a fair resolution through early settlement. The vast majority of Brendan’s cases are resolved through negotiation. But when the issues cannot be resolved amicably and litigation is required, he regularly represents clients at the BC Supreme Court, BC Small Claims Court, Human Rights Tribunal, and Employment Standards Branch, as well as before Canada Labour Code adjudicators.
Brendan was called to the bar in 2014, and has been practicing employment law exclusively ever since. When he is not at work, Brendan can often be found hiking around the North Shore mountains, enjoying live music, or sampling beers at any one of North Vancouver’s many wonderful breweries. He is also proud to serve as a trustee on the City of North Vancouver’s Library Board.
Court and Tribunal Decisions
Brendan’s cases that have resulted in court or tribunal decisions in recent years are as follows:
May 21, 2021, BC Supreme Court (2021 BCSC 973):
Brendan’s client, a 63 year old dental office administrator/receptionist with 37 years of service was awarded 20 months of notice plus costs and interest. The Court rejected the employer’s argument that her damages should be reduced because of a failure to mitigate or because there were still 8 months left in her notice period when judgment was issued.
Apr 27, 2021, BC Human Rights Tribunal (2021 BCHRT 55):
The Tribunal agreed that the discrimination claim of Brendan’s client ought to be allowed to proceed to a hearing, notwithstanding the employer’s efforts to have the complaint dismissed and notwithstanding that Brendan’s client had already been successful in his earlier wrongful dismissal complaint.
Jan 5, 2021, BC Human Rights Tribunal (2021 BCHRT 2):
Every former smoker can tell you just how hard it is to stop smoking cigarettes. However, there are a range of stop smoking commodities that can assist you on your transition to a smoke-free lifestyle.
November 13, 2020, BC Supreme Court (unreported):
After 4 years of employment, Brendan’s 35 year old client was dismissed without notice or cause from his employment as a duty manager. The Court awarded a 6 month notice period plus costs and interest.
August 30, 2019, Canada Labour Code (unreported):
After under 5 years of employment, Brendan’s client – a training and performance specialist – was dismissed for cause. After a 3 day arbitration, it was decided that the employer did not have cause for the dismissal. The employer was ordered to provide Brendan’s client with 6 months of lost wages (up until the time he located new employment), compensation for 60% of his legal costs, and a letter of reference.
April 8, 2019, BC Supreme Court 2019 BCSC 523:
Brendan’s client, age 55 at the time of dismissal, had a total of 20 years of service with his former employer. The employer argued that its policy manual limited Brendan’s client to 8 weeks of severance pay. After a 3 day trial, the Court ordered the employer to pay 24 months of pay in lieu of notice (minus 8 weeks already paid), plus $31,538.24 in unpaid vacation pay, $30,000 in aggravated damages, and interest. Note: after trial, Brendan argued that the employer’s conduct during trial should be penalized. The Court agreed, and awarded special costs to Brendan’s client because of the employer’s “reprehensible conduct” during the litigation (reported in a separate June 5, 2019 decision at 2019 BCSC 893).
February 13, 2019, BC Supreme Court (unreported):
Brendan’s client was employed as accounting manager for 13 years with the employer prior to his dismissal at age 55. The employer argued that Brendan’s client had resigned, rather than having been terminated, and was not entitled to any notice or severance pay. After a 2 day live trial, the Court concluded that Brendan’s client had been wrongfully dismissed, and awarded him 15 months of pay in lieu of notice, plus interest and costs.
August 31, 2018, BC Supreme Court (unreported):
Brendan’s client was employed in a software development/testing role for nearly 7 years when his employment was terminated without cause or notice. The Court determined that he was owed 9 months of pay in lieu of notice, rather than the 6 weeks of severance paid upon dismissal, plus interest and costs.
Recent Posts
