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"Work is one of the most fundamental aspects in a person's life, providing the individual

with a means of financial support and, as importantly, a contributory role in society.

A person's employment is an essential component of his or her sense of

identity, self-worth and emotional well-being."

 

Supreme Court of Canada

McKinley v. BC Tel

(TevlinGleadle - counsel)

 

   

 

 

 

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TevlinGleadle Employment Law Strategies provides a complete range of strategic wrongful dismissal and employment related negotiation and litigation services to employees and employers from its offices on False Creek in Vancouver, BC.

Murray Tevlin and Dan Gleadle each have over 25 years experience as lawyers representing employees and employers at all levels of trial and appeal courts in British Columbia - right up to the Supreme Court of Canada.

Working with an efficient team of specialist lawyers, staff and consultants, we offer our clients the full advantage of leading technology, and a project based selection of the appropriate professionals to achieve creative solutions to employment matters - issues which are often sensitive and always important.

We have extensive experience in strategic planning, achieving real results for our clients in all of BC's leading industries.

 

Our legal services include:


bullet  Wrongful Dismissal
bullet  Executive Employment Contracts

bullet  Shareholder Disputes
bullet  Planning & Negotiation
bullet  Alternative Dispute Resolution & Mediation
bullet  Arbitration, Trials, Appeals

bullet  Injunctions
bullet  Confidentiality & Non-Competition issues
bullet  Merger & Acquisitions Consulting
bullet  Employment Class Actions
bullet  Pension Class Actions
bullet  Human Rights in the Workplace

 

TevlinGleadle has a blog for discussion of issues relating to employment and wrongful dismissal law.

 

 

 

 

Western Star Pension Class Action Settlement Approved

 

TevlinGleadle is pleased to announce that the court has approved the settlement and steps are underway to complete.

 

Further details are available on our "class action" page.

 

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British Columbia Supreme Court

Marchen v. Dams Ford Lincoln

 

The Honourable Mr. Justice Goepel of the BCSC handed down a signficant decision on March 26, 2009, involving employment law issues.

 

The defendant car dealership dismissed an apprentice mechanic without alleging cause but because of an honestly held but completely unfounded belief that he may have been involved in dishonest activity on the part of his brother.

 

The court refused to order "moral damages" following Honda Canada Inc. v. Keays, 2008 SCC 39, [2008] 2 S.C.R 362, because at the time of dismissal, the employer's conduct could be explained as, at least, a belief in possible misconduct.

 

However, the court awarded $100,000 in punitive damages because, when the action was commenced, the defendant embarked on a course of action intended to mislead the plaintiff and eventually the court itself as to the real reasons for dismissal.

 

The defendant falsely claimed that the dismissal was for lack of work, which would have been a legitimate way to end the apprenticeship contract.

 

The defendant's conduct after the dismissal was found to be blameworthy pursuant to the principles in Whiten v. Pilot Insurance Co., 2002 SCC 18, [2002]1 S.C.R. 595.

 

 

 

 

 

Louise Borsato v. Atwater Insurance

 

VIEW CASE

 

In this wrongful dismissal action we were lawyers for a long service manager of an insurance agency.  The issue was a contract that she negotiated with a previous owner (now deceased) where she agreed to work 30 hours per week.  Over time she worked longer hours, always doing what was required to ensure the proper operation of the agency.  When the agency was sold six years later, the new owner did not inquire about her weekly hours of work.  She continued working for the new owner for approximately 10 years working various hours with no complaints from the new owner. 

 

In 2006 the new owner “discovered” she was sometimes scheduling herself to work 4 day weeks rather than 5 day weeks.  The new owner then unilaterally reduced her salary by 1/5.  At issue was whether the plaintiff’s practice of working longer hours had become a term of her contract such that she was required to work 40 hours or 5 days per week.  The trial judge determined that the plaintiff had never received any consideration for agreeing to work 40 hours per week or 5 days per week and that the original contracted 30 hour week contract was all that was legally required. 

 

The employer’s conduct in reducing the plaintiff’s salary unilaterally was held to constitute a wrongful, albiet constructive dismissal.  The employer was ordered to pay the plaintiff the salary that had been withheld plus damages based on a 15 month notice period.

 

VIEW ALL CASES

 


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