Canadian Employment Law Today

September 26, 2018

Focuses on human resources law from a business perspective, featuring news and cases from the courts, in-depth articles on legal trends and insights from top employment lawyers across Canada.

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PM40065782 Emplo y ment Law Today Canad ad a ian September 26, 2018 Offi ce closure, dismissal following pregnancy announcement coincidental Timing of decision soon after worker's pregnancy reveal raised eyebrows, but evidence showed declining revenues and no place for worker in other offi ce BY JEFFREY R. SMITH A BRITISH COLUMBIA worker has lost her discrimination complaint when the of- fi ce where she worked was closed and her employment terminated two months after she announced she was pregnant. Skeena Rent-A-Car is a car rental service based primarily in Terrace, B.C., with offi ces in Terrace and at the airport shared by Ter- race and Kitimat, B.C. In February 2011, the company set up an offi ce in Kitimat to tap into the demand for increased vehicle rent- als there due to a new policy by Rio Tinto, a large company in Kitimat, associated with a modernization project that was underway. Rio Tinto's policy was to transport employ- ees from the airport to Kitimat in company- owned buses. Because of this policy during the modernization project, Rio Tinto em- ployees were unable to rent vehicles at the airport and instead had to do so in Kitimat. Skeena hired Sierra Crockart in Au- gust 2014 to be the manager of the Kitimat branch. She also occasionally worked at the airport offi ce. In 2014 and 2015, revenues for the Kitimat branch were high, so Crockart Worker fi red after 6 months gets 6 months' pay in lieu of notice Employer's promises weren't part of employment agreement, but they helped induce worker to leave secure employment BY JEFFREY R. SMITH A BRITISH COLUMBIA worker who was persuaded to leave his old job for a new posi- tion but was fi red six months later has been awarded six months' pay in lieu of notice by the B.C. Supreme Court. James Greenlees, 44, was an outside sales representative for a landscaping construc- tion company in Langley, B.C., when he was contacted in January 2017 by the sales manager for Starline Windows, a designer and builder of windows for residential prop- erties in Surrey, B.C. ough Greenlees wasn't looking to leave his current position and didn't have experience selling windows, he met with Starline's sales manager at Star- line's offi ce. e sales manager told Greenlees his "vi- sion for growth for the company and op- portunities for the future" and off ered him Worker discourages prospective co-worker, gets fi red pg. 3 Employer felt worker's negative comments causing job candidate to decline offer was breach of trust Soliciting trouble with restrictive covenants pg. 4 Employees and new employers can get in trouble for breaching non-solicitation agreements PROMISES on page 6 » REVENUES on page 7 » CREDIT: ZLIKOVEC/SHUTTERSTOCK with Leah Schatz Ask the Expert pg. 2 Disclosure of medications in safety sensitive workplace

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