Category: Raising the Bar

Who Owns a Company’s Intellectual Property?

All businesses and employers should be aware of certain intellectual property ownership rules which may impact their rights when it comes to intellectual property developed by their employees under the course of employment.

A Tale of Two Policies: The Importance of Clarity and Communication

Most employers understand the need for policies in the effective management and regulation of the workplace. However, it is not uncommon to see errors in drafting, introducing and administering such policies which can render them effectively useless.

Human Rights Tribunal: Complaints by Cisgendered Men Alleging Discrimination On Grounds of Gender Identity or Expression Dismissed

Two recent decisions of the Ontario Human Rights Tribunal (the “Tribunal”) shed light on what is protected as gender identity and expression and give employers in British Columbia an idea of what to expect from the recent amendment to the B.C. Code.

Dishonesty Is Not The Best Policy: Employees Have Obligation To Always Be Honest With Their Employer

Dishonesty on the part of an employee casts a dark shadow on the relationship with his or her employer and, depending always on the context, throws into serious question the ongoing viability of that relationship – especially if the dishonesty involves theft or is premeditated, intentional and sustained or repeated over a period of time.

Human Rights Tribunal: A Schrenk Explainer

In March 2017, the Supreme Court of Canada heard arguments in a case that raises very important issues as to who is entitled to protections against harassment and discrimination in the workplace and in what workplace settings and employment-related relationships.

Burger King Dealt a Whopper by BC Courts: Fired Fish Sandwich Felon Vindicated

B.C judge awards $46,000 to Burger King cook fired for taking fish sandwich without paying. Here’s why this employer did not have just cause to terminate for theft.

Two Wrongs Might Make a Copyright: Employees vs. Contractors with Intellectual Property on the Line

It is important to be aware of the protections of the Copyright Act when contracting for services related to the design or creation of works that might fall under its purview, the breadth of which might be surprising. For example, copyright can subsist in artistic works (including paintings, drawings, sculptures and even maps), movies, books, sound recordings, broadcasts and beyond. Copyright can even subsist in software code, among other things.

Non-Culpable or Innocent Absenteeism

In a recent decision, an arbitrator upheld a grievor’s dismissal for non-culpable or innocent absenteeism because he failed to show he could attend work regularly in the foreseeable future and the accommodation process was exhausted.