Performance management is always a challenge for employers. Termination for cause on the basis of poor performance is trickier. The recent decision of Cottrill v. Utopia Day Spas and Salons Ltd., 2017 BCSC 704 (“Cottrill”) is a good reminder of the importance of proactive and proper performance management, especially for underperforming employees.
Taryn Mackie
I’m sick of this! But not of that: Can you fire an employee for working another job while on sick leave?
By Taryn Mackie on
An employee may be disciplined (including fired) for fraudulent sick leave, but does this include an employee working another job while on sick leave? Possibly, though employers should exercise caution before pulling the trigger.
In United Food & Commercial Workers, Local 1518 (Sidhu Grievance) v. Sobeys West. Inc., [2016] B.C.C.A.A.A. No. 148 [“Sidhu…
Now you see it (now you don’t), or do you? Can an employer retract an offer of employment?
By Taryn Mackie & Chanelle Wong on
The retraction of an accepted offer of employment can create significant legal challenges for an employer. The BC Supreme Court recently reaffirmed that, absent an express contractual provision to the contrary or just cause, a pre-employment retraction of an accepted offer of employment constitutes termination of employment entitling the individual to reasonable notice or damages…