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Rioting in Vancouver Tonight


DonLever

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Nope. That would constitute contracting out of the Employment Standards Act (Section 63 requires just cause to terminate without notice or without severance pay) and that is prohibited. Any such contract would be void ab initio.

4. The requirements of this Act and the regulations are minimum requirements and an agreement to waive any of those requirements, not being an agreement referred to in section 3 (2) or (4), has no effect.

Section 3(2) or(4) deal with union workers under collective agreements.

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Wet, just throwing this out there........

According to the BC Employment Standards Act:

1. TERMINATIONS

a. Alleging Just Cause or Not?

An employer has every right to terminate an employee’s employment with or

without just cause.1 If the employer has just cause to terminate an employee’s

employment, then no notice or severance is required. The employer should state

fairly the reasons for the termination and provide a brief explanation. The

employer should be honest and forthright in its comments. It is important to

consider and research the issue carefully before a just cause allegation is made.

The courts have held that employers expose themselves to lengthier notice

periods, punitive damages,

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Um guys I wanna go off-topic a bit but Twitter is abuzz that 500+ twenty-somethings, possibly the rioters who didn't get caught, are congregating near Denman. i'm kind of scared now. Does anyone know anything about this?

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It's trending on Twitter-Vancouver right now ("congregating").

The Vancouver Sun reporter said there was a Facebook event held at the beach, but they moved downtown after a while.

She also said just a lot of teenage yelling and pour-outs, big VPD presence.

Made me sweat for a moment<br><br>Edit: NO NO CALM DOWN!! Lots of VPD down there right now- no riots will break out. <br>

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I wish I had saved the image of him bragging with his friend on Facebook but I didn't and now it's deleted. Would it still be worth calling? Would they be able to retrieve the data off Facebook? Anyone know?

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Given the circumstances set out in the article, I do not see sufficient just cause.

Here is the ESB manual excerpt:

Just cause

An employer is not required to pay compensation for length of service or provide written working notice of termination if an employee is dismissed for just cause. The burden of proving that the employee's conduct justifies dismissal for just cause is on the employer.

When an employee does not agree that his or her termination was for just cause, recourse exists through:

Statute law (Employment Standards Act and Regulation, Human Rights Code);

Common law action for wrongful dismissal.

The Human Rights Code has jurisdiction to proceed with complaints where employees allege they were terminated as a result of discrimination that contravenes the Code. The Human Rights Code and the Employment Standards Act both have jurisdiction to proceed with complaints from employees who allege that their employment was terminated for reasons related to pregnancy. Section 79(2) of the Employment Standards Act discusses the remedies for contravening pregnancy and other leave provisions of the Act.Top of page.

Examples of "just cause" for termination

The degree of employee misconduct which gives an employer just cause for termination depends on the facts of each case. One thing to be considered is whether the employee behaved in a manner that was not consistent with the continuation of employment.

Sometimes a single act of misconduct may constitute just cause. The misconduct must be serious, deliberate and intentional, and fundamentally breach the employment contract.

Given there is no criminal conviction and a denial of any wrongdoing without any proof to the contrary it seems Mr. Reitz has jumped the gun.

Here is an article looking at this issue with relevant case law. Bear in mind this deals with actual criminal convictions for off-duty conduct.

http://www.hrcomplia...for-termination

There is no problem terminating the worker, all the employer has to do is pay the requisite severance. In this case splashing the termination all over the news could also result in additional punitive damages.

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How about this one?

89753mapleridgeNathanKotalyk04212c.jpg

Nathan Kotylak, a Grade 12 student at Meadowridge School, has been named to the Canadian national water polo programs U-18 development program this summer, the only athlete from B.C. to get an invite.

...

At the U-18 national club championships last year, Kotylak and his Fraser Valley Water Polo Club took gold, with Kotylak grabbing all-star honours.

Earlier this month, Kotylak and his Meadowridge Gryphons beat out a team made up of players from Garibaldi and Maple Ridge secondary schools in an all-local provincial final.

Kotylak was named MVP.

After a month in Montreal for national team evaluations, Kotylak will have a chance to travel to Europe to represent Canada in U-18 play.

In addition to receiving a partial scholarship through Water Polo Canada to attend school at the University of Calgary, where he plans to study kinesiology, Kotylak also qualified for an academic scholarship from the school itself thanks to his good grades.

Last year my goal was to make the national team and I did that, said Kotylak. They say your first year in the [national development program] is the toughest, so I want to get through it and learn as much as I can.

Ultimately, Kotylak has his eyes on the Olympic team.

Thats my goal, he said.

Good family, father is a surgeon

So why do this?

Say goodbye to a scholarship and your Olympic dream, Nathan. Perhaps your goal now is to determine if the customer wants fries with their burger?

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Guest Voucer

There's a gathering of hooligans downtown?

Well, that makes it easier to round them up.

Edit: People on twitter reporting it's around Denman Street and Davie Street (near The Boathouse restaurant and Starbucks at English Bay). They're also reporting there are police there.

DSCN11016.jpg

Edit 2: Apparently it may be a Seawall party, and the tweeter didn't know about this. People are replying

We'll see.

Here's where the tweets originated:

http://twitter.com/#!/concretefluff

@rlestage 500 kids all over the place including beach & denman St. and tons of cops - passed 10 on one corner.

2 hours ago

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Vancouver Sun reporter @AndreaWoo's Twitter:

RT @concretefluff: About a 500 20-somethings congregating at Denman-Davie! Police everywhere. WTF

@AndreaWoo Seawall Party. There was a FB event up.

RT @gresco: @AndreaWoo Just there. Saw nothing. Unless they're on the beach.

@AndreaWoo the police were there early and ready with video cameras to prevent anything like wednesday from happening.

@AndreaWoo Park Board and VPD monitoring beach since 5pm. No problems so far...just some liquor pours.

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How about this one?

89753mapleridgeNathanKotalyk04212c.jpg

Nathan Kotylak, a Grade 12 student at Meadowridge School, has been named to the Canadian national water polo program’s U-18 development program this summer, the only athlete from B.C. to get an invite.

...

At the U-18 national club championships last year, Kotylak and his Fraser Valley Water Polo Club took gold, with Kotylak grabbing all-star honours.

Earlier this month, Kotylak and his Meadowridge Gryphons beat out a team made up of players from Garibaldi and Maple Ridge secondary schools in an all-local provincial final.

Kotylak was named MVP.

After a month in Montreal for national team evaluations, Kotylak will have a chance to travel to Europe to represent Canada in U-18 play.

In addition to receiving a partial scholarship through Water Polo Canada to attend school at the University of Calgary, where he plans to study kinesiology, Kotylak also qualified for an academic scholarship from the school itself thanks to his good grades.

“Last year my goal was to make the national team and I did that,” said Kotylak. “They say your first year in the [national development program] is the toughest, so I want to get through it and learn as much as I can.”

Ultimately, Kotylak has his eyes on the Olympic team.

“That’s my goal,” he said.

Good family, father is a surgeon

So why do this?

Say goodbye to a scholarship and your Olympic dream, Nathan. Perhaps your goal now is to determine if the customer wants fries with their burger?

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