Canadian Employment Law Today

September 30, 2015

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 Canadian September 30, 2015 B.C. church must pay pastor more than $80,000 for wrongful dismissal 'Ad hoc' committees, performance evaluations leading to dismissal weren't in church by-laws; manner of dismissal was insensitive BY JEFFREY R. SMITH THE BRITISH COLUMBIA Supreme Court has awarded a pastor more than $80,000 after he was wrongfully dismissed from a Vancouver church. e Vancouver Chinese Baptist Church (VCBC) is an 800-member church and so- ciety in Vancouver. e church is governed by a set of bylaws that set out how members should lead their lives – "exemplary Chris- tian" – and the process for appointing its pastors and dealing with various issues. e bylaws don't address the procedure for the re- moval of a senior pastor other than it requires a membership vote. In late 2010, the VCBC was looking for a new pastor to lead its congregation. In No- vember 2010, it extended an offer of its senior pastor position to applicant Reverend Yiu Chuen Kong, who was living in China at the time. e offer was to start in the position on Bonus entitlement during the reasonable notice period pg. 3 2 Ontario cases show differing circumstances with Colin G.M. Gibson CREDIT: BIKERIDERLONDON/SHUTTERSTOCK Dismissing an employee in B.C.: Common law vs. employment standards legislation pg. 4 Two regimes in B.C. provide different routes to cover common law and ESA requirements PASTOR on page 6 » ASK AN EXPERT pg. 2 Salary and bonus information Employee's exaggeration of injury not the same as faking it: Arbitrator AN ONTARIO employer had just cause to discipline an employee who exaggerated her disability but it wasn't enough to warrant dismissal, an arbitrator has ruled. e employee was a nurse at the Leaming- ton District Memorial Hospital in Leaming- ton, Ont. She started working at the hospital in May 2004 and had no discipline on her record. In July 2013, the employee applied for va- cation but only some of the dates were ap- proved. On some of the days for which the time off request was rejected, the employee was off work due to a claimed workplace in- jury. ere was no indication the employee tried to mislead the hospital regarding her injury, but one year later, in July 2014, the hospital became suspicious when similar circumstances arose. e employee asked for the weekend of July 19 and 20 off, but this request was re- jected. However, the employee ended up taking the days off due to a back problem. About one month earlier, the employee had seen her doctor complaining of chronic back pain and she received medication. On July 2, the employee claimed she hurt her back golf- ing. However, due to some shift switching, she worked 12-hour shifts on the following six consecutive nights. On the seventh day after her golf injury, July 9, the employee came into work for an overtime shift. However, she left early and went to the emergency department com- plaining of back pain. e employee was given a medical note saying she should be off work the following two days. On July 16 the doctor provided a note saying the employee should be off work until reassessment one week later. e employee's doctor was concerned there could be a compression fracture in her spine and had x-rays done. However, the x- ADMITTED on page 7 »

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