Employment Litigation

The Canadian courts recognize the importance of employment in the lives of Canadian citizens. This recognition by the courts puts an emphasis on the way an employee is terminated. In considering the way an employee was terminated, the court also contemplates what it describes as an ‘inherent power imbalance in the employment relationship’ between employee and employer. As a result, both employers and employees are best prepared to know their rights when it comes to the termination of an employee’s employment.

For example, a common misconception amongst both employees and employers, is that the Employment Standards Act, provides the maximum compensation an employee is entitled to when they are fired. This is not the case. The Employment Standards Act provides only the minimum amount of compensation an employee may be entitled to. The court system, also known as the “common-law”, has developed a more robust test that may provide significantly more compensation for an employee.

Unfortunately, an uninformed employer can find themselves paying far more compensation than what is outlined in the Employment Standards Act if proper steps and procedures are not followed in dismissing an employee. Alternatively, an uninformed employee may be leaving a large amount of compensation on the table if they don’t look beyond the Employment Standards Act.

In his career as a civil litigator at Gibraltar Law, Blake has successfully represented both employees and employers at the Provincial and Supreme Court levels. Blake also has experience dealing with WorkSafe BC matters and BC Human Rights Tribunal matters.

Blake’s passion and excitement about employment law stems from his appreciation of the importance, pride, and self-worth an individual can take in their jobs. At the same time, Blake appreciates how difficult it can be to own and operate a business and how important finding, and retaining, the right employees can be to the success of that business.

Whether you are an employee who has recently been terminated, an employer wondering what, if any, compensation you might owe to an employee in the event their employment is terminated, have questions concerning WorkSafe BC, or the BC Human Rights Tribunal Blake is always ready to assist.

Our Employment Litigation lawyer is: Blake Tancock and Daniele McDonald.