Dana Hooker

Dana Hooker

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Early Termination of Fixed Term Contract Results in Employee Windfall (Or the Dangers of Dubious Drafting)

The Ontario Court of Appeal recently awarded an employee, whose fixed-term contract was terminated on a without cause basis twenty-three months into a five-year term, damages reflecting the balance of his remuneration under...more

4/20/2016 - Breach of Contract Canada Employment Contract Fixed-Term Labor Contracts Hiring & Firing Termination

No contempt in the face of the “voluminous” British Columbia Occupational Health and Safety Regulation

In the wake of some recent high-profile workplace accidents, 2015 legislative amendments to the Workers Compensation Act were designed to give WorkSafeBC more tools to enforce its mandate. Among other things, WorkSafeBC can...more

3/24/2016 - British Columbia Supreme Court Canada Contempt OHSA Workers Compensation Act Workplace Injury Workplace Safety

Employee Satisfaction: An ounce of prevention is worth a pound of cure

Many employers employ quantitative and qualitative tools to measure employee engagement and satisfaction in the workplace. As 2015 draws to a close, and we reflect on the events of the previous year and plan for 2016,...more

12/17/2015 - Anti-Harassment Policies Canada Holiday Parties Workers' Compensation Claim Workplace Safety

Patently Unreasonable: BC Supreme Court Rejects Human Rights Tribunal’s Landmark Injury to Dignity Award Which Emphasized...

In 2013 the British Columbia Human Rights Tribunal found that the University of British Columbia had discriminated against Dr. Carl Kelly when it dismissed him from its Family Medicine Residency Program. Dr. Kelly was awarded...more

11/17/2015 - Emotional Injury Claims Employment Discrimination Employment Tribunals Hiring & Firing Reputational Injury

Your Partners Are Not Your Employees: Supreme Court Of Canada Clarifies The Application Of The Control/Dependency Test

In 2009, John McCormick, an equity partner in the law firm Fasken Martineau DuMoulin LLP (the “Firm”) filed a complaint with the British Columbia Human Rights Tribunal, alleging the Firm’s requirement that equity partners...more

5/26/2014 - Age Discrimination Discrimination Employee Rights Employer Liability Issues Law Firm Partners Law Practice Management Right to Control

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