Brian Johnston

Brian Johnston

Brian Johnston, Q.C., is a partner at Stewart McKelvey in Halifax. He specializes in labour and employment law, human rights, pensions and benefits, and education law.

He can be reached at [email protected].

Harassment complaint followed by bad behaviour

Is it possible to discipline someone who files a harassment complaint for disrespectful or insubordinate behaviour in connection with the complaint?

Harassment complaint followed by bad behaviour

Office perks in a hybrid workplace

If an employer offers certain perks for employees in the office (free food and drink, activities with rewards, etc.), could it be liable for discrimination against remote employees?

Office perks in a hybrid workplace

Avoiding stress caused by manner of dismissal

How can an employer avoid crossing the line between an employee’s normal distress at being fired an additional stress caused by the manner of dismissal, particularly if a dismissed employee is known to be emotional?

Avoiding stress caused by manner of dismissal

Recovering overpayment from a payroll error

If a payroll error led to an overpayment to an employee, what are the best ways to recover the overpayment?

Recovering overpayment from a payroll error

Vacation pay and termination pay

Question: Do employers have to include vacation pay on severance and pay in lieu of notice, whether it’s a lump-sum payment or installments? Are there any forms of monetary compensation that don’t require vacation pay?

Vacation pay and termination pay

Independent contractor choosing to become more dependent

Question: If an independent contractor chooses to reduce his other work during an existing contract so the contract’s proportion of his work has increased from less than half to most of it, can his independent status change?

Rehiring former employee previously fired for harassment

Employers must account for the effects of past misconduct on existing employees

Service time for employee transferring to different franchise location

Moving to a different franchise location and continuance of employment

Offering dismissed employee job back

Trying to fix things after lawsuit is launched

Changing shift schedule and days off

How much can be changed before risking constructive dismissal?