Archive for Dismissal Without Cause

Can I Be Fired For Being Off Sick With The Flu?

Is influenza a disability under the Human Rights Code? The answer may surprise you. Runny noses, stuffed sinuses, headaches, pain and soreness. Yes, it is that time of year again – flu season. So how does the flu affect employees? The flu and other viruses often result in significant time being taken away from work, which can influence an employee’s pay if they don’t have full sick leave benefits. The absence of an employee from the workplace can also cause… Keep reading »

BC’s New Limitation Act – What Employees Need to Know

Generally speaking, the Limitation Act is the legislation that sets out the time that parties have to start court proceedings pursuing their claim. The time one has to sue is called a “limitation period”. The previous Limitation Act (the “Old Act” for ease of reference), provided for two, six and ten year limitation periods depending on the type of claim, with most employment related claims subject to the six year limitation period. On June 1, 2013, a new Limitation ActKeep reading »

Employment Termination: The risks employers take by treating employees unfairly

The recent jury decision in Higginson v. Babine Forest Products Ltd. is one that should cause employers to sit up and take notice, as it demonstrates the risks that an employer assumes when they choose to treat an employee unfairly and unreasonably. In the Higginson case, an employee, Larry Higginson, had been employed by Babine Forest Products Ltd. (“Babine”) for about 34 years, at which point he was “let go” from his employment.  The employer alleged that there was… Keep reading »

Severance Entitlement on Being Fired or Dismissed Without Cause

Have you just been dismissed or let go without cause? Are you entitled to severance? Generally, when an employee is let go without just cause, the employer must provide the employee either with advanced working notice   of the termination (which we will refer to simply as “notice” from here on in) or pay in lieu of such notice (also known as “severance”). An employer has the option of providing the employee with a combination of notice and severance. It should… Keep reading »