Tuesday, May 07, 2019 - Filed in: General Interest
The following is a reprint of an article by Brett and Kate McKay that appears in the Art of Manliness web site.
When you really think about it, the weather impacts our decisions every single day. What we wear, when we leave for our morning commute, the chores we do, the hobbies we partake in, the family activities we plan. And on and on the list goes of how our lives are influenced by the winds and skies.
Today, we have meteorologists and entire government agencies dedicated to predicting the weather with high-tech computers and algorithms, but a hundred and two-hundred years ago (and more!), folks had to rely mostly on observation and rudimentary tools to predict the weather of the coming days.
To help with this task of predicting the weather, farmers, sailors, and amateur meteorologists of all kinds came up with handy, often rhyming proverbs that could guide their observations. They realized that animal behavior, wind direction, air pressure (which could be measured with a barometer), etc., were pretty accurate indicators of how the weather would behave.
Perhaps surprisingly, most of this handed-down “folk wisdom” is really quite accurate, and has a lot of science behind it; weather proverbs of old can be applied today just as well as they were centuries ago. Rather than relying on your local meteorologist or your smartphone app to tell you what to wear for the day, why not work on your powers of observation and come to understand more about the weather and the natural world around you?
Note: I highly recommend first reading our article on air pressure and barometers; many of these proverbs are related to atmospheric pressure and how it relates to incoming and outgoing weather systems.
Tuesday, April 23, 2019 - Filed in: Court Cases
Although not always successful, increasingly, plaintiffs in employment cases are making claims for damages over and above notice damages. This article provides a very brief overview of a selection of successful and unsuccessful claims, and demonstrates that there are increasingly unpredictable (sometimes very large) liabilities to employers who do not successfully and fairly conclude employment relationships.
When an employee is terminated and the termination is "not for cause" (meaning no fault of the employee), an employee can expect to receive (in addition to the notice stipulated in the Employment Standards Act of B.C.) working notice or pay in lieu of working notice or a combination of each in an amount stipulated in by their employment contract, or if there is no employment contract, then commensurate with the alchemy (otherwise known as) "common law".
"Common law" notice is calculated on a sliding scale after assessing certain factors including the age of the employee, the length of service, their seniority with the employer, and their employability. Once a notice period is established, it is multiplied by the monthly compensation (base salary plus certain benefits) the employee received pursuant to their contract while employed.
However, in certain circumstances, there are additional amounts which can be claimed by employees over and above "common law" or contractual notice. These additional amounts, or "heads of damage", include "moral" or "aggravated" damages "for mental distress", "consequential" damages, "punitive" damages, and special costs.
This article will not explore all of the heads of damage which can be claimed in employment cases, but provides a brief overview of how the courts have approached one particular head of damage called "aggravated damages" for "mental distress" by reviewing a selection cases. Read More...
Deconstructing constructive dismissal: An analysis of Rampre v Okanagan Halfway House Society, 2018 BCSC 992
Tuesday, April 09, 2019 - Filed in: Court Cases
A recent B.C. Supreme Court decision provides a helpful refresher on the legal principles underpinning constructive dismissal. Read More...
Thursday, March 28, 2019 - Filed in: Court Cases
Tuesday, March 19, 2019 - Filed in: Arbitration Cases
Arbitrator Ken Saunders' recent decision in Lafarge Canada Inc. v. Teamsters, Local Union No. 213 (In-Cab Camera Grievance),  B.C.C.A.A.A. No. 51 (Saunders) is instructive for employers considering the use of video surveillance in their workplace. Read More...