January 2016

In the last few months of 2015 there were six decisions that considered issues relevant for those practicing employment law. A decision from our Court of Appeal reviewed the principles applicable to determining whether an employee is a fiduciary, what the duty of fidelity is comprised of and the remedies available for breach of this duty.  A British Columbia Supreme Court decision provided an example of how breach of the implied duty of fidelity and good faith can be used to establish just cause.  The remaining four decisions, all from the BCSC, considered the law with respect to entitlement to bonus during the period of notice, a claim by an employee for bad faith damages and for damages for breach of the Privacy Act, the principles applicable to terminations during probationary periods of employment and whether damages are a potential remedy absent a wrongful dismissal.

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