Shannon Whyley of MLT Aikins Law in her article “Say What You Need to Say: Employers not Liable in Defamation for Negative Employee References” provides a good summary of two Superior Court decisions [see below] which give former employers more room to provide a negative reference: “the dual judgments should give employers some comfort that […]

Grant Machum and Sean Kelly of Stewart McKelvey note in their article “You gotta have (good) faith: terminating without notice during the probationary period” the struggle that employers may face in choosing between different ways of terminating probationary employees. In examining two recent BC and Alberta cases, “these decisions suggest that, provided there is a […]

“Denial of coverage for medical marijuana under employee benefit plan found to be discriminatory”. McCarthy Tetrault, May 2, 2017 Key quote: “While the Skinner decision does not mean that medical marijuana must be covered under every private benefit plan, it does demonstrate the necessity of considering human rights obligations when deciding how to respond to […]

Stringer LLP (in their First Reference post “Generous termination clauses: Think twice before making promises“) note the dangers in contract language ambiguity: it is a weak spot which will invite litigation and result in judicial intervention.  In Holmes v Hatch Ltd.  it was the word “appropriate”.  Stringer LLP’s takeaway is accurate: “Employers may choose to […]