How a McDonald’s Employee received over $100,000 for Wrongful Dismissal

mcdonald's (00497475xD7EDD)

The factors for assessing wrongful dismissal damages in Canada are well established, and will generally include the person’s age, tenure, the character of employment (or the degree of expertise or specialization) and other economic factors that may impact a person’s ability to find comparable work, such as education, the health of the local economy and the demand for her services.

To the chagrin of many, there is no universal formula for assessing wrongful dismissal damages. However, people in low-skill or semi-skilled jobs often do not receive extended notice periods due to the perceived availability of comparable work – a food service worker can arguably work as a cashier, a convenience store clerk or even a construction labourer. Continue reading “How a McDonald’s Employee received over $100,000 for Wrongful Dismissal”

Misrepresentation in Employee Recruitment : Feldstein v. 364 Northern Development Corporation

Employee recruitment, and particularly recruitment for highly competitive positions, often requires a certain amount of salesmanship on the part of recruiters, and companies looking to land a sought-after employee may tote company culture, compensation and other benefits of employment as part of their recruitment strategy.

Of course, all of this is fair game. However, as one recent BC Supreme Court decision illustrates, recruiters also need to be careful that everything they are presenting to potential candidates is honest and accurate. As one Vancouver tech company recently found out in Feldstein v. 364 Northern Development Corporation, 2016 BCSC 108, being over-zealous and under-cautious in promises to candidates can lead to a negligent misrepresentation lawsuit and thousands of dollars in damages. Continue reading “Misrepresentation in Employee Recruitment : Feldstein v. 364 Northern Development Corporation”

Working with Legal Weed – This Changes Everything… Or Does It?

marijuana

A key component of the Federal Liberal party’s election mandate is the legalization of recreational marijuana. While it’s believed that a fully functional legislative and regulatory scheme ending the prohibition of cannabis will not be ready for some time, the prospects of legalized cannabis in the workplace has some companies feeling a little dazed and confused.

Continue reading “Working with Legal Weed – This Changes Everything… Or Does It?”

Does the Restaurant Industry Discriminate Against Women?

syhag-hot-waitress

In celebration of International Women’s Day on March 8, 2016, the Ontario Human Rights Commission released a policy statement calling for an end to sexualized workplace dress codes that discriminate. OHRC Chief Commissioner Renu Mandhane was cited :

“Employers must make sure their dress codes don’t reinforce sexist stereotypes. They send the message that an employee’s worth is tied to how they look. That’s not right, and it could violate the Ontario Human Rights Code.

Continue reading “Does the Restaurant Industry Discriminate Against Women?”

Does the Restaurant Industry Discriminate Against Men?

hootersgirlschelseagavinjenellstacy
Men need not apply…

If you’ve ever been into Earl’s, Cactus Club, Moxie’s or one Canada’s many other trendy chain restaurants, you’ve probably noticed something about the restaurant’s wait staff. The servers are overwhelmingly (or exclusively) women under the age of 30. With few exceptions, men work in the kitchen or in management. The female servers will adopt a highly sexualized dress code with tight skirts, high heels and low cut tops, while any males in the “front of house” will wear a dress shirt and dress pants.

Continue reading “Does the Restaurant Industry Discriminate Against Men?”

Increasing Damages for Workplace Discrimination : The Presteve Foods Case

Presteve

Across Canada, Human Rights Tribunals have a unique role in our legal system by enforcing protections against discrimination provided by human rights legislation. As part of their mandate, these specialized tribunals have the authority to award damages and “make whole” victims of discrimination, including:

  • Damages for past and future wage loses;
  • Damages for loss of benefits and other perquisites of employment;
  • General damages for injury to dignity, feelings and self-respect.

Continue reading “Increasing Damages for Workplace Discrimination : The Presteve Foods Case”