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BC Court of Appeal

Clause that required veterinarian to pay former employer if she set up practice in same area enforceable

Jurisdiction: - British Columbia

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 »

Gender bias in severance settlements, says UVIC professor Dr. Ken Thornicroft

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

Jurisdiction: - British Columbia

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.