Salary continuance ends with new position

Former employer asked to make up difference between old salary, new part-time job
By Jeffrey Smith
|Canadian HR Reporter|Last Updated: 12/12/2016
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A British Columbia employer is not obligated to subsidize a dismissed employee’s continuing education through salary continuance when the employee found a new full-time job but chose only to work part-time, the B.C. Supreme Court has ruled.

Sandra Schinnerl, 48, was hired as director of international programs and exchanges by Kwantlen Polytechnic University — a university with campuses in Surrey, Langley, Richmond and Cloverdale, B.C. — in 2007.

In October 2013, Schinnerl requested and was granted a one-year education leave so she could pursue a PhD in immigration policy as it related to international students. Her leave began on Sept. 1, 2014, and was expected to end one year later. However, it was extended until March 1, 2016, so she could complete her doctoral studies. The leave policy stated that the cost of the leave was a debt owed by Schinnerl, but the university waived the debt.