An automotive sales and service business (“White Bear”) went into receivership and several of the company’s terminated employees filed complaints with the Labour Services offices of the Government of the Northwest Territories. The employees claimed wages owed and related benefits. An officer of the Labour Standards Board (the “Board”) examined their claims and issued certificates determining the amounts owing and declared that the employees were entitled to wage claims from the officers and directors of White Bear, pursuant to section 62 of the Labour Standards Act. The directors of White Bear appealed the ruling. The Board confirmed the certificates of the officer. The directors then unsuccessfully appealed those confirmations to the Northwest Territories Supreme Court.

26. August 2003 0
Administrative law – Labour Relations Board – Employment standards – Termination of employment – Termination package – Judicial review – Administrative decisions – Failure to provide reasons – Standard of review – Patent unreasonableness Buist v. Northwest Territories (Labour Standards Board), [2003] N.W.T.J. No. 30, Northwest Territories Supreme Court, May 30, 2003, O’Connor J. The Appellants ...

A customer of Airgas Canada Inc. complained that an employee of Airgas, Mr. Fuggle, had placed graffiti at their premises. As a result of the complaint Mr. Fuggle was dismissed by Airgas. Mr. Fuggle submitted a claim to the Director of Employment Standards requesting a determination that he had been dismissed without cause. The Director of Employment Standards concluded that Airgas had just cause to terminate Mr. Fuggle’s employment. Mr. Fuggle’s appeal to the Employment Standards Tribunal was dismissed. Prior to receiving this decision Mr. Fuggle commenced an action in the Supreme Court alleging that he was wrongfully dismissed. Airgas applied pursuant to rule 18A of the Rules of Court for an Order that the claim be dismissed on the basis that there had already been a final determination of the issues between the parties under the Employment Standards Act, R.S.B.C. 1996, c. 113 (“Standards Act”). In dismissing the application the Court exercised its discretion to refuse to apply estoppel.

28. January 2003 0
Administrative law – Employment standards – Termination of employment – Just cause – Decisions of administrative tribunals – Issue estoppel – Discretion of court Fuggle v. Airgas Canada Inc., [2002] B.C.J. No. 2800, British Columbia Supreme Court, December 11, 2002, Burnyeat J. Airgas Canada Inc. applied to the court pursuant to Rule 18A for an order ...

A Referee (“Sargeant”) hearing a claim under the Employment Standards Act decided that he was not entitled to consider a limitation period issue in a claim by an employee (“Halloran”) against his former employer with respect to a compensation package offered upon Halloran’s termination. The Referee’s decision was overturned by the Divisional Court. On appeal, the Court of Appeal held that it was unconscionable for the company to invoke a limitation period to deny Halloran’s claim as there had been a fraudulent concealment of the existence of a cause of action against the company.

24. September 2002 0
Administrative law – Employment standards – Employer’s representations – Termination package – Fraudulent concealment – Judicial review – Standard of review – Patently unreasonable decision – Limitations Halloran v. Sargeant, [2002] O.J. No. 3248, Ontario Court of Appeal, August 27, 2002, McMurtry C.J.O., Weiler and Armstrong JJ.A. Halloran was employed by Crown Cork & Seal for 31 ...