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Bad contract wording
gives long-time employee big notice award
Termination clause limited notice, but didn't guarantee benefi ts
during notice period; 21 months common law notice instead
BY JEFFREY R. SMITH
AN ONTARIO company must pay a dis-
missed employee damages equal to 21
months' pay because the termination clause
in its employment contract potentially de-
prived the employee of benefi ts during the
reasonable notice period, the Ontario Supe-
rior Court of Justice has ruled.
St. Joseph Communications is a market-
ing and advertising company based in On-
tario. In 1994, it hired Kelly Cormier as a
freelance wardrobe stylist with an oral em-
ployment contract. St. Joseph considered
Cormier to be an independent contractor at
the time, but Cormier believed she was an
employee of the company.
Cormier's duties as a freelance wardrobe
stylist involved selecting clothing and acces-
sories for models in St. Joseph's advertise-
ments and promotions. Once she selected
the items, the company bought them and
hired the models, while also supplying an
iron to Cormier to press the garments. St.
Test for family status discrimination
reaffi rmed in British Columbia
B.C. Court of Appeal keeps bar high for type of parental duties
that must be interfered with to constitute discrimination
BY JAMES KONDOPULOS
THE BRITISH COLUMBIA Court of
Appeal has just reaffi rmed the test for fam-
ily status discrimination in the province of
British Columbia — a test which was fi rst
developed by the same court about 15 years
ago in Campbell River & North Island Tran-
sition Society v. H.S.A.B.C., and which had
come under criticism over the years and,
indeed, was questioned more recently as no
longer being good law.
In a unanimous decision issued a few
weeks ago in Envirocon Environmental
Services, ULC v. Suen, the Court of Appeal
confi rmed that the test from Campbell Riv-
er represents the law in British Columbia.
e test binds all decision-makers in the
province — including the lower courts and
administrative tribunals like the B.C. Hu-
man Rights Tribunal and labour arbitration
boards constituted under the B.C. Labour
March 20, 2019
Failure to accept recall offer cuts
down long-term worker's constructive
dismissal damages pg. 3
Employee's refusal of recall offer 4 weeks
after illegal layoff a failure to mitigate
Arbitrator reinstates
drug-stealing nurse pg. 4
Nurse had opioid substance
abuse disorder; Employer didn't
investigate accommodation
MUST BE on page 6 »
POTENTIAL
on page 7 »
CREDIT:
PHOTOCREO
MICHAL
BEDNAREK/SHUTTERSTOCK
with Stuart Rudner
Ask the Expert pg. 2
Request for time off
for religious reasons
