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Court overturns $176K in retirement severance awarded to B.C. mining employee

The British Columbia Court of Appeal has overturned a ruling that gave a copper mine employee an 18-month severance package upon retirement. At trial last year, the B.C. Supreme Court had awarded Albert Aubrey, an employee at mining company Teck Highland Valley Copper Partnership in Logan Lake, B.C., $176,250 in damages for a breach of an employment contract. […]

‘Welcome news’ in B.C. court statement on non-culpable absenteeism

What’s an employer to do when it faces benefits costs for employees on long-term disability for up to 10 years? Earlier this year, the B.C. Court of Appeal weighed in on the issue with a ruling that, while failing to interfere with an earlier finding that a municipality’s decision to fire three employees in that […]

Newfoundland mine retirees receive good news in pension battle

Former employees of Wabush Mines in Newfoundland and Labrador received good news Thursday when the provincial government announced a legal move that could help them recover some of their losses from their defined benefit pension plan. The pensioners have been fighting for priority among creditors since the parent company, Cliffs National Resources Inc., closed its subsidiary operations […]

  • By: Jann Lee
  • March 10, 2017 September 13, 2019
  • 09:54
B.C. case pits U.S. pension claims against Canadian workers in bankruptcy matter

In a case with significant consequences for Canadian employers and workers that has echoes of the saga involving Nortel Networks Corp., the British Columbia Supreme Court will soon consider whether U.S. pension funds can assert claims over the assets of insolvent Canadian companies. “It’s important for both employers and employees to be aware when American pension […]

Benefits plan must cover medical pot, human rights commission rules

The Nova Scotia Human Rights Commission has ruled a benefits plan must cover a member’s medical marijuana prescription. “Employee benefit plans are not required to cover the sun, moon, and the stars,” Benjamin Perryman, chair of the board of inquiry, wrote in his ruling. But if a member with a disability requests coverage similar to what other […]

Ontario Uber drivers launch class action in bid to be considered employees

Drivers who work for Uber Technologies Inc. in Ontario have launched a class action lawsuit arguing the company has misclassified them as independent contractors and should instead treat them as employees. According to the statement of claim, the plaintiffs are asking for $200 million in damages, plus $2,000 for legal fees. They’re also asking for reimbursement […]

New ruling muddies the waters for employers dealing with family status accommodation

A ruling by the Human Rights Tribunal of Ontario at the end of 2016 could make it easier for employees to bring claims for family status discrimination against their employers. The case, Misetich v. Value Village Stores Inc., involved an employee who had refused to accept certain proposed scheduling changes designed to accommodate her physical limitations. The […]

Sounding Board: How to deal with medical marijuana in the workplace

Whenever we mention the phrase “medical marijuana in the workplace,” we’re met with eye-rolls and smirks. After all, a poll we conducted in September 2016 found only 21 per cent of business leaders in small and medium-sized companies believe medical marijuana should be covered under a group benefits plan. But employers also have to consider […]