Author: Alfred Kempf

Alf Kempf is a senior litigator whose practice focuses on labour and employment law as well as commercial and insolvency matters. He provides pragmatic advice and guidance on legal matters with…

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WorksafeBC is the provincially legislated body having exclusive jurisdiction to adjudicate all issues related to most worker injuries.
This short article will summarize some strategies for employers and employees in making wrongful dismissal actions less expensive.
In a new decision in Wilson v. Atomic Energy of Canada Limited, the Supreme Court of Canada has affirmed that non union, non management, employees of federal undertakings may under the complaint process under the Canada Labour Code be reinstated.
Employees who are passed from one employer to another in the event of the sale of a business create interesting issues for employment lawyers.
In a recent British Columbia case our courts considered whether an employer would be excused from paying severance pay to a terminated employee by offering to rehire her.
Employment lawyers should tell their wrongfully dismissed ex-employee clients about the duty to mitigate.
Most non-unionized employees can be dismissed without cause with appropriate notice or pay in lieu.
See the complete written Court of Appeal case reasons here.
I fired an employee and paid the Labour Standards severance pay of 4 weeks. Now the employee is suing me for more? Is that right?
Jian Ghomeshi is just one example of an employee who regrets taking action against his employer. A recent case in BC involved a project manager who was terminated without just cause. He sued his employer wanting more severance pay

On February 17th, last year I wrote about a case (Johnstone v. Canada (A.G.)) in which a mother was awarded substantial damages because her employer did not accommodate her requests for flexible hours she said she required to care for her children.  My article can be found at:  pushormitchell.com/law-library/article/new-developments-employee-leave-family-obligations

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Pushor Mitchell’s “Legal Alert Blog” evolved from our long-running “Legal Alert” client newsletter. Here, we share news our clients need to know, such as changes to the law, major case decisions, industry trends, and other legal issues that affect people and organizations in B.C. Occasionally, we also share firm news and announcements, as well as stories about our involvement with community groups throughout the Okanagan.

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