We have acted in British Columbia from individuals to large international firms in various commercial matters; including:
• Oppression remedies and minority shareholder actions
• Partition actions
• Commercial landlord and tenant disputes
• Construction ligation and lien-litigation
• Insolvency and bankruptcy litigation
• Debt collection
• Enforcement of Foreign Judgments
• Creditor and debtor rights
• Obtaining Letters Rogatory
• Receivership remedies
• Real estate litigation
• Contract disputes
• Partnership disputes
• Shareholder disputes
• Civil litigation, Mediations, and Arbitrations
• Business Disputes
Disputes within a partnership, corporation or joint venture disrupt the business and, if not dealt with quickly and discreetly, may have a long term effect on the reputation in the business community, on the confidence of the trading partners and perhaps even the viability of the business itself.
We have acted for large employers and for individual employees in various employment law matters. We strive to resolve all matters in the most effective and efficient way possible. We have extensive experience engaging in negotiations and mediations in order to resolve a variety of workplace disputes, and we are also willing to pursue litigation before administrative tribunals and the courts in order to achieve the best possible results for our clients.
We are able to assist in the following Employment Law areas:
• Wrongful dismissal
• Constructive dismissal
• Termination with cause
• Termination without cause
• Severance packages
• Employment agreement contracts
• Discrimination and human rights
• Workplace conflict
Wrongful Dismissal
If you’ve been dismissed whether with “just cause” or whether there was a wrongful termination, we advise for you to have a lawyer review your case. Each case must be assessed individually to determine if you’re entitled to compensation. In British Columbia, an employer can terminate an employee without just cause as long as the employee is given proper notice of termination or full compensation/severance, and the termination does not offend Human Rights laws.
Even if your employer claims to dismiss you with “just cause”, be sure to have your matter reviewed before agreeing to any settlement proposal from your employer. Employees cannot be terminated for just cause unless certain steps are followed and the behaviour in question is serious. Wrongful dismissal cases are complex and must be carefully assessed.
Constructive Dismissal
Constructive dismissal is another way of saying that an employer has made a fundamental change to an employee’s terms or conditions of employment. In this situation, the employee can claim damages for wrongful dismissal. It is important to be very careful in these situations, accepting the change may constitute a new employment agreement and the issue of mitigation must be considered.
Most commonly, constructive dismissal may be made out when one or more of the following are present:
• There is a cut in salary and/or benefits
• The employee is demoted
• The employee is transferred to another location
• Abusive treatment
• Serious changes in job duties
Employment Contracts
An employment contract can specify everything from the employee’s hours of work to the severance to which they’re entitled in case they are dismissed. Make sure to get legal advice on the details of your next employment contract before signing. We have experience advising employers and employees on terms on such contracts
Even once a contract is signed, you may be asked to accept amended contracts at some point. Contact us first to ensure that your rights are being protected.
