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The court stayed a wrongful dismissal counterclaim and allowed arbitration to proceed under the employment contract, holding the arbitration clause was enforceable.
Cariboo Gur Sikh Temple Society (1979) v. British Columbia (Employment Standards Tribunal)
The Court of Appeal dismissed an appeal in an employment standards judicial review, holding the Tribunal’s decisions were not procedurally unfair or patently unreasonable.
McMillan v. British Columbia (Employment Standards)
The Court of Appeal dismissed an appeal seeking immediate payment of funds held by the Director of Employment Standards, holding the proceeding was improperly brought.
The court struck a self-represented plaintiff’s civil claim for failing to plead material facts and for abusing process by duplicating statutory and human-rights remedies.
Court found employer gave working notice rather than repudiated contract; plaintiff abandoned work immediately and did not establish constructive dismissal or objective intolerability; plaintiff's statutory holiday claims are governed exclusively by ESA and limited to 6 months prior to complaint and were satisfied; no evidence of bad faith or deceit sufficient to award damages for manner of dismissal or punitive damages; accordingly all claims dismissed and plaintiff ordered to pay $500 costs to defendants.
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