Cases

  • Cottrill v. Utopia Day Spas and Salons Ltd., 2017 BCSC 704

    … Our client worked for Utopia Day Spas and Salons as a skincare therapist. After approximately 11 years of employment, Utopia gave our client three months to alter her performance or be dismissed. Ultimately, Utopia decided that our client’s performance had not improved to its satisfaction and dismissed her, alleging they had just cause to do so…

    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 Rights…

    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 -
  • An Employment Standards Appeal by CWS Industries (Mfg) Corp., BC EST #D104/16

    …. The employer appealed this decision to the Employment Standards Tribunal (EST), arguing that the ESB had failed to follow principles of natural justice in reaching its decision. The EST dismissed the employer’s appeal, concluding that the ESB had properly held that there was no just cause for our client’s dismissal. Click here to read the Tribunal’s Decision. Share with others The post An Employment Standards Appeal by CWS Industries (Mfg) Corp., BC EST #D104/16 appeared first on . …

    Wendy Woloshyn/ kentemploymentlaw.com- 13 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…

    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…

    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 -
  • Steinebach v. Clean Energy Compression Corp., 2015 BCSC 460

    … Our client brought a successful claim for wrongful dismissal after his employment was terminated following19.5 years on the job. The court awarded him damages equivalent to 13 months’ notice, including amounts representing lost commissions and bonus. Click here to read Steinebach v. Clean Energy Compression Corp. The post Steinebach v. Clean…

    Wendy Woloshyn/ kentemploymentlaw.com- 12 readers -
  • Federal Court of Appeal Success

    … was barred from claiming that he was an employee because there was affidavit evidence from an older, unrelated court case that he was an independent contractor. Because of these affidavits, the Court denied him any severance. We successfully appealed this Court decision on our client’s behalf to the Federal Court of Appeal. The appeal court disagreed…

    Wendy Woloshyn/ kentemploymentlaw.com- 9 readers -