Shafik Bhalloo – Kornfeld LLP ; Adjunct Professor, SFU Beedie School of Business

1100-505 Burrard St.
Vancouver, BC V7X 1M5, Canada

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EVERYTHING YOU ALWAYS WANTED TO KNOW ABOUT SUSPENDING A DETERMINATION

A review of the law governing suspension of determinations under the Employment Standards Act and a discussion of some pitfalls in making an application to suspend…more
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Limiting Common Law Notice in Employment Contracts

It is settled law in Canada that an employer may displace an employee’s right under the common law to reasonable notice of termination by contracting to a lesser notice or severance entitlement. However, the notice or severance…more
| Labor & Employment Law

Supreme Court rules that employees have a reasonable expectation of privacy in the workplace

In R. v. Cole , a high school teacher, who also worked with the school’s IT department in supervising computer use by students and staff, had authority to remotely access the data stored on student computers connected to the…more
| Labor & Employment Law

Can a Partnership be an Employer of a Partner?

Can a Partnership be an Employer of a Partner? *By Devin Lucas and Shafik Bhalloo In Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal)[1], the equity partner, John Michael McCormick, entered into a…more
| Labor & Employment Law

Reinstatement: The quintessential “make whole” remedy or a fiction?

Like the mythical sasquatch, the Loch Ness monster, or the abominable snowman, most of us have heard of it and some of us have read about it, but never have we seen the remedy of reinstatement in section 79(2)(b) of the…more
| Labor & Employment Law

Does an employee have a duty to mitigate where there is a fixed severance entitlement set out in the contract and no corresponding provision imposing an express requirement to mitigate?

Does an employee have a duty to mitigate where there is a fixed severance entitlement set out in the contract and no corresponding provision imposing an express requirement to mitigate? In Bowes v. Goss Power …more
| Labor & Employment Law

BC Court of Appeal rules refusal by an employee to work during the working notice period does not extinguish his right to damages arising from inadequate notice

In Raymond Giza v. Sechelt School Bus Service Ltd., Randy Gould , the employer, Sechelt School Bus Service Ltd., employed Mr. Giza as a bus driver starting in September 2005. Over the course of the next 5 years, the employer…more
| Labor & Employment Law

Service by Facebook: Canadian courts adapting to new technologies

Courts and law have often been criticized for being slow moving and not keeping up with new technologies, however, Canadian courts, in the recent past, have shown a resolve to keep up with, or at least not fall too far behind,…more
| Business Torts, Civil Procedure, Intellectual Property

Off-duty conduct of an employee may constitute just cause for dismissal

Can an employer discipline or terminate an employee for cause for her off-duty conduct? This question, no doubt, was at the forefront of some employers’ thoughts after the Stanley Cup riot in Vancouver, particularly after…more
| Labor & Employment Law

Common Law Tort of Invasion of Privacy

While British Columbia, Saskatchewan, Manitoba and Newfoundland all have general privacy legislation creating a statutory tort or civil right of action for invasion of privacy (see Business Law Blog publication at…more
| Commercial Law & Contracts, Labor & Employment Law

Minimum Wage Rate in British Columbia

Minimum wage applies to all employees regardless of how they are paid-hourly, salary, straight or partial commission basis or other incentive basis. As of November 1, 2011, the second of a three-stage increase in the minimum…more
| Labor & Employment Law

Privacy in the Workplace: Use of spyware surveillance

The issue of employees’ misusing company computers is commonplace. In 2000, Xerox was monitoring all of its 92,000 employees’ computer usage and terminated 40 employees in the United States for accessing pornography on work…more
| Labor & Employment Law

Right of Privacy in the workplace not absolute

In British Columbia, the Privacy Act (“Act”) enacted in 1968 was the first in the country. It created a statutory tort or civil right of action for an invasion of privacy when the common law did not. Section 1 of the Act…more
| Labor & Employment Law

Deducting wages from an employee’s paycheque for a past overpayment: What you should know as an employer

Deducting wages from an employee’s paycheque for a past overpayment: What you should know as an employer If you are an employer and you have made an overpayment to your employee, whether or not that overpayment was “wages” or…more
| Labor & Employment Law

Common or Associated Employer Determination: What does this mean for you?

Businesses engaged in a single undertaking may, in the interest of minimizing their legal risk or tax planning, conduct their business using separate legal entities. For example, a business may hold its assets in one corporate…more
| Labor & Employment Law
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Areas of Practice
  • Labor & Employment Law
  • Litigation
  • Personal Injury
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