Tag archives: labour and employment

Case Brief: On dismissal of a drug user with an unacknowledged dependency

By Michael Torrance on October 21, 2014 Posted in Canada, Discrimination and harassment

In 2012, we referenced a case in which a complainant, terminated for breach of his employer’s drug and alcohol policy, failed to establish that the termination was discriminatory: 2012 AHRC 7. The policy at issue in the case distinguished between employees who had voluntarily disclosed addictions and those who were identified only after a breach … Continue reading

Case Brief: On deduction of pension benefits from wrongful dismissal damages

By Michael Torrance on October 14, 2014 Posted in Canada, General

In August 2011, the British Columbia Court of Appeal held that pension benefits received by an employee during the reasonable notice period were not to be deducted from wrongful dismissal damages for that period: 2011 BCCA 337. A 7-member majority of the SCC agreed with that approach in IBM Canada Limited v Waterman, 2013 SCC … Continue reading