Cases

  • Cottrill v. Utopia Day Spas and Salons Ltd., 2017 BCSC 1925

    … Our employee client brought a successful claim in BC Supreme Court against her former employer for wrongful dismissal and was awarded contractual damages, as well as $15,000 in aggravated damages for the conduct of the employer. After the court gave its ruling, the employer contested our client’s claim for costs, arguing that the damages award…

    Wendy Woloshyn/ kentemploymentlaw.com- 13 readers -
  • Cottrill v. Utopia Day Spas and Salons Ltd., 2017 BCSC 704

    …. Our client sued for wrongful dismissal, claiming damages for unpaid severance as well as aggravated damages. At trial, the Court concluded that Utopia did not have just cause to fire Ms. Cottrill and awarded her the severance due to her under her employment contract. The Court also found that Utopia’s breached its duty of good faith toward our…

    Wendy Woloshyn/ kentemploymentlaw.com- 10 readers -
  • Philps v. Ritchie-Smith Feeds and another, 2017 BCHRT 67

    … Our client filed a discrimination complaint with the BC Human Rights Tribunal against his former employer and union. After filing with the provincial Tribunal, the employer asserted that the matter fell within federal jurisdiction. Out of an abundance of caution, we did not withdraw our client’s provincial complaint until the Canadian Human…

    Wendy Woloshyn/ kentemploymentlaw.com- 18 readers -
  • Reid v. National Car & Truck Sales and Rentals, 2015 BCHRT 156

    … NOT LEGAL ADVICE. Information made available on the Kent Employment Law website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action, based upon this information. Never disregard professional legal advice or delay in seeking legal advice…

    Wendy Woloshyn/ kentemploymentlaw.com- 11 readers -
  • Successful Wrongful Dismissal

    … NOT LEGAL ADVICE. Information made available on the Kent Employment Law website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action, based upon this information. Never disregard professional legal advice or delay in seeking legal advice…

    Wendy Woloshyn/ kentemploymentlaw.com- 10 readers -
  • Ms. F v. Health Authority, 2016 BCHRT 12

    … Our client filed a Human Rights complaint against her employer, alleging discrimination in employment on the basis of mental disability. Her complaint was originally dismissed by the Human Rights Tribunal on the basis that it wasn’t “timely” (i.e. that it wasn’t filed by the deadline set out in the Human Rights Code). On our client’s behalf, we…

    Wendy Woloshyn/ kentemploymentlaw.com- 10 readers -
  • Tiantian Liu v. Vestis Fashion Group Inc., Case No. 14118

    … Our client filed a Human Rights complaint against her employer, alleging that she was fired after disclosing her pregnancy (discrimination on the basis of sex). We were recently successful in defending her against the employer’s application to dismiss her complaint, with the Human Rights Tribunal concluding that our client’s evidence should be considered at a hearing. The post Tiantian Liu v. Vestis Fashion Group Inc., Case No. 14118 appeared first on . …

    Wendy Woloshyn/ kentemploymentlaw.com- 14 readers -
  • TeBaerts v. Penta Builders Group Inc., 2015 BCSC 2449

    … Following our client’s success in her wrongful dismissal trial (see summary here), we brought a successful court application on her behalf for additional legal costs against her ex-employer. Since our client had made the employer a formal offer to settle early in the proceedings and the court awarded her more at trial than the amount she had…

    Wendy Woloshyn/ kentemploymentlaw.com- 11 readers -
  • Successful Wrongful Dismissal

    … Our 50-year old upper management client was dismissed after 25 years of service. The employer argued our client failed to mitigate her damages by not making reasonable efforts to seek alternate employment, and introduced expert testimony to regarding our client’s efforts. The court ruled in our client’s favour, finding that her job search was reasonable, and awarded her 18 months’ salary including pro-rated bonus and compensation for loss of fringe benefits. The post Successful Wrongful Dismissal appeared first on . …

    Wendy Woloshyn/ kentemploymentlaw.com- 7 readers -
  • TeBaerts v. Penta Builders Group Inc., 2015 BCSC 2008

    … After approximately 11 years’ employment, our client was dismissed for cause for deleting materials relating to work done by an employee who had recently resigned. The employer alleged that the deletions constituted sabotage of company property, and that our client was dishonest in her responses about the deletions. Our client’s work computer…

    Wendy Woloshyn/ kentemploymentlaw.com- 13 readers -
  • Hospital Appeal Board Success

    … Our client, a medical professional, worked at a hospital where he was granted certain rights to practice, known as “privileges”. After a period of time, the hospital unilaterally changed those privileges without our client’s consent. Our client is challenging the hospital’s actions by having us file an appeal with the Hospital Appeal Board. Before…

    Wendy Woloshyn/ kentemploymentlaw.com- 7 readers -
  • TeBaerts v. Penta Building Group, 2015 BCHRT 95

    … Our client has filed a Human Rights complaint against her employer for discrimination on the basis of her family relationship (i.e. family status). We were recently successful in defending her against the employer’s application to dismiss her complaint. Click here to read the decision in TeBaerts v. Penta Building Group. The post TeBaerts v. Penta Building Group, 2015 BCHRT 95 appeared first on . …

    Wendy Woloshyn/ kentemploymentlaw.com- 18 readers -
  • Successful CRA Appeal

    … We represented a small business in its appeal of a ruling by the Canada Revenue Agency that the business’ workers were properly classified as employees, as opposed to self-employed independent contractors. The effect of this initial ruling was that our client was ordered to make certain EI, CPP and other payments. After reviewing our submissions…

    Wendy Woloshyn/ kentemploymentlaw.com- 7 readers -
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