Misclassification of employees as independent contractors is one of the most common issues in the world of employment law. Employers and employees often do not realize that it does not matter what they “agree” to – even if they stamp the label of contractor in the written agreement, courts will look at the true nature of the relationship.

Most readers already know that in order to have a binding agreement, there must be “consideration” flowing both ways. In other words, each party must receive some sort of benefit; although I rarely invoke Latin, I do like to refer to the need for a quid pro quo in this context.

Is there an upper limit to an award of notice/severance? If so, what criteria will Courts use to assess whether it will award reasonable notice in excess of this upper limit? Unless restricted by contract, an employee is entitled to notice of dismissal or, more commonly, pay in lieu.

The British Columbia Court of Appeal recently affirmed the difference between aggravated and punitive damages in an employment law case.

For years, I have said that there are two types of bonuses: discretionary or objectively calculated. Many employers use mixed wording which leads to ambiguity, and we know that any ambiguity in a contract will be interpreted contrary to the interests of the drafting party.