Comments for Fired Without Cause http://www.firedwithoutcause.com/blog empower yourself Wed, 08 Sep 2010 13:15:14 +0000 http://wordpress.org/?v=2.7.1 hourly 1 Comment on Wrongful dismissal cases decided in other Provinces still relevant when analyzing your own case by Chilwin http://www.firedwithoutcause.com/blog/?p=102&cpage=1#comment-39 Chilwin Sat, 08 Aug 2009 21:24:33 +0000 http://www.firedwithoutcause.com/blog/?p=102#comment-39 Thanks for clarifying the post with your comment. I agree with your clarification that extra-provincial cases are not uniformly applied across the country. If I gave that impression, then I stand corrected and appreciate your comment. I think we can both agree that judges will consider and incorporate cases decided outside the jurisdiction within which they preside. Moreover, in my practice experience, I find that judges, at least at the trial level, and all else being held equal, will treat extra-provincial cases with more similar facts with greater weight than cases with different facts, though they may be decided within the same jurisdiction. Thanks for clarifying the post with your comment. I agree with your clarification that extra-provincial cases are not uniformly applied across the country. If I gave that impression, then I stand corrected and appreciate your comment. I think we can both agree that judges will consider and incorporate cases decided outside the jurisdiction within which they preside. Moreover, in my practice experience, I find that judges, at least at the trial level, and all else being held equal, will treat extra-provincial cases with more similar facts with greater weight than cases with different facts, though they may be decided within the same jurisdiction.

]]> Comment on Wrongful dismissal cases decided in other Provinces still relevant when analyzing your own case by Dennis Buchanan http://www.firedwithoutcause.com/blog/?p=102&cpage=1#comment-27 Dennis Buchanan Tue, 04 Aug 2009 03:37:51 +0000 http://www.firedwithoutcause.com/blog/?p=102#comment-27 No questioning that you're right on the legal principles. The same legal principles are applicable across the country, and extrajurisdictional decisions are usually considered persuasive...but I'm inclined to disagree with your implied assertion that the legal principles are applied uniformly across all jurisdictions. Jurisdiction isn't a driving force in determining the notice period, but I would caution against ignoring it completely. In my own research, I have consistently found that B.C. jurisprudence in particular is not on the same wavelength as jurisprudence across the rest of the country. Finding a case in another jurisdiction with highly similar Bardal factors has value under most circumstances, but I'd much prefer to rely on cases from my own jurisdiction where possible. No questioning that you’re right on the legal principles. The same legal principles are applicable across the country, and extrajurisdictional decisions are usually considered persuasive…but I’m inclined to disagree with your implied assertion that the legal principles are applied uniformly across all jurisdictions.

Jurisdiction isn’t a driving force in determining the notice period, but I would caution against ignoring it completely. In my own research, I have consistently found that B.C. jurisprudence in particular is not on the same wavelength as jurisprudence across the rest of the country.

Finding a case in another jurisdiction with highly similar Bardal factors has value under most circumstances, but I’d much prefer to rely on cases from my own jurisdiction where possible.

]]> Comment on Request for your advice and help about customer privacy vs. product usefulness by Chilwin http://www.firedwithoutcause.com/blog/?p=108&cpage=1#comment-19 Chilwin Wed, 29 Jul 2009 20:54:04 +0000 http://www.firedwithoutcause.com/blog/?p=108#comment-19 Thanks Jeff. That's very useful information. Thanks Jeff. That’s very useful information.

]]> Comment on Request for your advice and help about customer privacy vs. product usefulness by Jeff http://www.firedwithoutcause.com/blog/?p=108&cpage=1#comment-17 Jeff Wed, 29 Jul 2009 03:59:21 +0000 http://www.firedwithoutcause.com/blog/?p=108#comment-17 I do not think customers will be put off by a question regarding compensation as long as: a) you indicate why you are asking for this info. ie. will severance package results be more accurate when compensation data is factored? b) you provide a link to your privacy policy to show how customer information will be protected c) it remains optional I do not think customers will be put off by a question regarding compensation as long as:

a) you indicate why you are asking for this info. ie. will severance package results be more accurate when compensation data is factored?
b) you provide a link to your privacy policy to show how customer information will be protected
c) it remains optional

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