Settlement Agreements
Chief did not have actual or ostensible authority to bind Indian band to wrongful dismissal settlement agreement
In Clayton v. Lower Nicola Indian Band, 2013 BCSC 162, the BC Supreme Court found, by way of a summary trial, that the then chief of the Lower Nicola Indian Band did not have actual or ostensible authority to bind the band to a wrongful dismissal settlement agreement with its former executive director.
In a previous reported decision involving these parties - Clayton v. Lower Nicola Indian Band, 2011 BCSC 525 - it was disclosed that the settlement agreement provided for a $100,000 payment to the former executive director, who had been in her position for just under two years (January 14, 2008 to January 8, 2010).
BC HR Tribunal awards $900 in costs against former employee who tried to resile from settlement agreement
In Edwards v. Schnitzer Steel Pacific, 2012 BCHRT 335, the BC Human Rights Tribunal:
- granted the employer's application to dismiss the former employee's human rights complaint under section 27(1)(d)(ii) of the BC Human Rights Code; and
- awarded the employer $900 in costs due to the fact that the former employee had tried to resile from a settlement agreement that he had previously entered into, with the assistance of his lawyer, with the employer.
Court sets aside release signed by employee after employment terminated on basis it was unconscionable
Rubin v. Home Depot Canada Inc., 2012 ONSC 3053
A case summary by Landon Young & Jeremy Schwartz, at the firm of Stringer, can be found here: "Court Strikes Down Release Signed on Termination of Employment".
"Tax Considerations for Employment Related Settlements"
"Tax Considerations for Employment Related Settlements" (November 4, 2010) is the title of a paper prepared by Natasha Miklaucic for the Borden Ladner Gervais 13th Annual Labour & Employment Group Symposium.
"Trade Union Responsibility Under S.13 & 14 of the Human Rights Code"
"Trade Union Responsibility Under S.13 & 14 of the Human Rights Code" is the title of a paper written by Shanti P. Reda and Stephanie T. Mayor, lawyers at Black Gropper in Vancouver.
The authors presented the paper at the 2010 CLEBC Human Rights Conference in Vancouver on November 4, 2010.
Former Vancouver police officer obtains $2 million out of court settlement in wrongful dismissal case
Both the Vancouver Sun and Globe and Mail newspapers carried stories this week about former Vancouver police officer Allen Dalstrom obtaining a $2 million out of court settlement in relation to a wrongful dismissal case.
This is a significant settlement in any wrongful dismissal case, particularly one involving a police officer who is reported to have been earning about $100,000 a year.
Although this week's media stories provide a lot of the colour about the case, I relied mainly on the decision in Dalstrom v. Organized Crime Agency of BC, 2008 BCSC 844, which dealt with a pre-trial application, for my summary of the facts and proceedings below.
Background
Dalstrom was a long term police officer with the Vancouver Police Department. In 2000, he was recruited to join the Organized Crime Agency of British Columbia ("OCABC").
The OCABC is responsible for combating organized crime in BC and Dalstrom was appointed supervisor of the Outlaw Motorcycle Gang Team. read more »
Claim allowed to proceed against pension consultants who assisted employer in converting from DB Plan to DC Plan
The case of Dawson v. Tolko Industries Ltd. involves a lawsuit that has been filed by 47 current and 17 former employees of Tolko Industries ("Tolko") in relation to the conversion of their pension plan from a defined benefit ("DB") plan to a defined contribution ("DC") plan. The trial is currently set for August 2010.
The recent decision in Dawson v. Tolko Industries Ltd., 2010 BCSC 346 involved a pre-trial application by certain defendants to have the case dismissed against them.
Background
In or around 1997,Tolko offered its employees a cash amount in exchange for agreeing to convert from a DB pension plan to a DC plan. The 65 current and former employees accepted the offer. The basis of the lawsuit is that the value of the pension benefits under the DC plan is much less than it would have been under the DB plan.
In addition to Tolko, the current and former employees also named as defendants the following: read more »
Employee’s treatment for drug addiction/fragile health factored into calculation of reasonable notice period
In Pereira v. The Business Depot Ltd., 2009 BCSC 1178, the court factored in the employee's recent release from a drug addiction treatment centre, and his vulnerable state of health generally, in determining the reasonable notice period.
Background
The employee started working at Staples in 1997, after being recruited from another company. He was eventually promoted to general manager of the Nanaimo location.
Prior to June 2003, he was regarded as a good performer. However, starting at this time his professional conduct took a dramatic turn, as was repeatedly late for work, sometimes would not show up at all or would leave mid day for extended periods. The employee eventually advised his district manager that he was depressed, fatigued and very unwell. read more »
