What factors will the Court consider to grant a stay of a motion to terminate an employee's employment?

British Columbia, Canada


The following excerpt is from WCAT-2015-01198 (Re), 2015 CanLII 41792 (BC WCAT):

I consider that the employer would face a risk of irreparable harm, in this situation, for the reasons set out in the case of Bancroft-Wilson v. Murphy (quoted above). This factor favours the granting of a stay. (c) Greater harm or prejudice (Balance of convenience)

Other Questions


If an employer loses trust in an employee as a result of an employer's orders, in the matter of substance being willfully disobeyed and met with insubordination, can an employer dismiss the employee? (British Columbia, Canada)
Can an employer terminate an employee for refusing to accept a raise if the employee takes the position that unless he receives a raise by a certain date? (British Columbia, Canada)
How have courts in BC considered factors relevant to the consideration of the first factor in a plaintiff's refusal to accept an offer to settle? (British Columbia, Canada)
What factors will the court consider when deciding whether to grant costs to a party seeking damages under the Negligence Act? (British Columbia, Canada)
What factors have the courts considered in determining whether to grant a conditional discharge of a child loan? (British Columbia, Canada)
Is an employer induced an employee to enter into a new employment relationship with the employee? (British Columbia, Canada)
Can a plaintiff be considered a travelling employee for workers’ compensation purposes when he drives from his home to his employer’s office in Richmond, after driving to the employer's office? (British Columbia, Canada)
What factors will the court consider in deciding whether or not to grant joint parenting rights to one of the children? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
What factors will the court consider when considering retroactive variation of an interim child support order? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.