Archive for Employee Dismissal
Can I Terminate an Employee Who is Off Sick With the Flu?
Is influenza a disability under the Human Rights Code? The answer may surprise you. Ahhh, flu season. That most charming time of the year, full of runny noses, stuffed sinuses, headaches, pain and soreness, often resulting in significant employee absence. As an employer, flu season is often the source of great frustration. You often need to juggle work schedules on short notice, requiring others step up and fill the vacancies, and just when it seems like you might be out… Keep reading »
BC’s New Limitation Act – What Employers Should Know
BC’s Limitation Act is the piece of legislation that sets out the amount of 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”), 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 Act (the “New… Keep reading »
Employee Termination and the Importance of Being Fair
Employers should take note of the recent jury decision in Higginson v. Babine Forest Products Ltd., which illustrates the importance of treating employees fairly when they are let go. It also demonstrates that long term employees can be entitled to very large rewards for their length of service. In the Higginson case, a jury awarded an employee, Larry Higginson, about $800,000 in compensation from his former employer, Babine Forest Products Ltd. (“Babine”). Mr. Higginson had been employed by… Keep reading »
Notice and Severance Requirements when Dismissing or Firing an Employee
Are you about to let an employee go? Are you certain that you understand your obligations with respect to notice, and severance pay in lieu of such notice? Generally, when an employee is let go without just cause, the employer must provide either advanced working notice of the termination or pay in lieu of such notice. Pay is lieu of notice is also known as severance. An employer has the option of providing the employee with a combination of… Keep reading »
