The employee, Ms. Steel (“Steel”), made a summary judgment application to the Supreme Court of British Columbia (“BCSC”) for damages for wrongful dismissal from her employment with Coast Capital Savings Credit Union (the “Employer”).
The complainant, Leah Clark, filed a human rights complaint against her employer Bow Valley College alleging discrimination on the ground of family status contrary to the Alberta Human Rights Act. Ms. Clark, who was a nursing instructor, requested and was approved for maternity leave from February 1, 2010 through January 31, 2011. Ms. Clark went on approved sick leave in November 2009. Her child was born on January 2, 2010, almost seven weeks premature. After the child was born, the parties did not communicate about the start or end date of Ms. Clark’s leave.
In Ostrow v. Abacus Management Corp. Mergers and Acquisitions, 2014 BCSC 938 (May 29, 2014), the British Columbia Court Supreme Court assessed the appropriate notice period for a nine-month employee.
On May 2, 2014, the Federal Court of Appeal clarified that an employer who fails to accommodate an employee’s childcare obligations may be found to have discriminated against the employee on the basis of family status: Canada (Attorney General) v Johnstone, 2014 FCA 110 [“Johnstone”].
One of the questions at the forefront of many employers’ minds when they are considering terminating an employee without cause is how much it is going to cost. Unless there is a written employment contract with an express termination clause, an employer’s obligation is to provide reasonable notice of termination.