BC Court of Appeal
Clause that required veterinarian to pay former employer if she set up practice in same area enforceable
In Rhebergen v. Creston Veterinary Clinic Ltd., 2014 BCCA 97, the majority of the BC Court of Appeal ruled that a non-compete type clause in an employment agreement that required a veterinarian to pay her former employer prescribed amounts if she set up her own practice in the same area within a three year total period, was enforceable.
The headnote / summary of the case is as follows: read more »
Ken Thornicroft is a well known labour and employment law academic and adjudicator in BC.
He is currently a professor at the University of Victoria, Gustavson School of Business and a member of the BC Employment Standards Tribunal.
Recently he has been studying the issue of gender bias in negotiated and wrongful dismissal severance awards, and presented a paper that touched on this topic at the CLEBC Employment Law Conference in 2011. That paper can be found here: "Appellate Review of "Reasonable Notice" Awards in Canada: 2000-2010".
On June 4, 2012, UVIC issued this news release concerning his research:
Gender Bias In Severance Settlements read more »
BCCA upholds ruling that disrespectful, inflammatory letter from employee's lawyer provided just cause
In Grewal v. Khalsa Credit Union, 2012 BCCA 56, the BC Court of Appeal dismissed the appeal of a former branch manager at the Khalsa Credit Union.
In a May 2011 decision, the trial court had ruled that a disrespectful, inflammatory letter from the employee's lawyer had "tipped the balance" in favour of the employer having just cause for termination. The trial court's decision can be found here.