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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:

  Wrongful Dismissal
  Executive Employment Contracts

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

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

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

Catalyst Class Action Commenced

TevlinGleadle has commenced action against Catalyst Paper Corporation.

The plaintiff is Darryl Somerville on behalf of himself and all other similar non-unionized employees. Remedies are sough relating to non-payment of 2009 STIP (ie bonus) and also a rollback of certain pension, vacation and other benefits.

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

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.

Smith v. Centra

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In this matter we represented a founding shareholder and Vice President of a Corporation in the event of his dismissal and forced buy out from a profitable company. Many issues were raised in defence and the trial proceeded for 14 days in the BC Supreme Court. The main legal issues were around the interplay between shareholders, employees and contractors. In the result our client succeeded on all significant points and received an award in the amount of over half a million dollars plus substantial costs.

Jamieson v. Finning (International) Ltd.

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On June 12, 2009, the BC Supreme Court awarded a 53 year old "Millyard Systems Manager" with slightly more than 20 years' service, damages based on a 19 month notice period, with a one month deduction for the possibility of mitigation earnings, as the decision was handed down well in advance of the expiry of the notice period.

Reference was made to the specialization of the plaintiff's skills which were focused on forestry millyard equipment in the depressed economy.

Mr. Jamieson was awarded lump sum damages to compensate for the loss of a car allowance including a component to reflect ongoing lease commitments for a leased truck not needed after the termination.

Judge Cohen undertook a thorough review of recent British Columbia cases where the courts have given decreased weight to the factor of character of employment - where employees not in senior management ranks are increasingly able to obtain lengthy notice periods.

The plaintiff was also compensated for loss of Employee Share Purchase Plan ("ESPP") benefits during the notice period in spite of language which said such benefits ended when the employee was dismissed for "any reason". Regardless of this language, damages were found appropriate as the termination of the plaintiff was not lawful, but a breach of contract. In effect the judge found that the employment agreement should be read as if written "any lawful reason".

Jamieson's claim continues in regard to pension losses. He is advancing a claim that Finning unlawfully decreased the earnings upon which it agreed to pay pension benefits, and a further pension claim because his pension is less after the wrongful dismissal than it would have been if he had received proper notice.

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