M. Ashley Mitchell

Partner | Vancouver

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Portrait of M. Ashley Mitchell

Ashley Mitchell comments in Burnaby Now article on legalization of cannabis and implications for employers

Burnaby Now, "Cannabis changes worry Burnaby employers"

Burnaby businesses have to be careful not to let the stigma of marijuana use affect how they treat employees once it’s legalized, according to Ashley Mitchell, a labour and employment lawyer with Miller Thomson.

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Employers May Be Held Liable for Improperly Terminating an Employee for Poor Performance

The recent British Columbia decision of Cottrill v. Utopia Day Spas and Salons Ltd. is a careful reminder to employers to proceed with caution before terminating employees for cause for poor performance or risk liability if the termination is later...

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Terminating Employees: Best Practice to Avoid an Unenforceable Release

As employment lawyers, we frequently advise clients on best practices for carrying out termination meetings with employees. Often, if an employee is terminated, the employer will offer the employee a severance package in exchange for the employee signing a release....

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Benefits After Termination

Miller Thomson Seminar: Employee Benefits Administration

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Can Employers Terminate Disobedient Employees for Cause?

Employment and Labour Law Reporter, LexisNexis, Vol. 26. No. 1

This article was originally published in the February 12, 2016 issue of our Labour & Employment Communiqué. Click here to view.

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Can Employers Terminate Disobedient Employees for Cause?

It is generally understood that employees must follow the lawful orders of their employers and may be disciplined for disobeying such orders.  However, the more difficult question faced by employers is whether a disobedient employee can be fired for just...

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A Word of Caution for Employers: Unauthorized Deductions from an Employee’s Wages May Amount to Constructive Dismissal

It is generally understood that employers are required by law to make certain deductions from employees’ wages, including for income tax, employment insurance premiums, Canada Pension Plan contributions, union dues or other amounts authorized by a collective agreement.  Where authorized...

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Key Decision Released on Accommodating Family Obligations in the Workplace

The Court of Queen’s Bench of Alberta recently delivered its much-awaited decision in the case of SMS Equipment Inc. v. Communications, Energy and Paperworkers Union, Local 707, 2015 ABQB 162.  In the SMS decision, the Court upheld an arbitrator’s decision...

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Privacy Claims in the Workplace

Recently, headlines have been dominated by the high-profile termination of Jian Ghomeshi from CBC. Mr. Ghomeshi has claimed that CBC misused his private and confidential information.  While this story continues to unfold in the media, an interesting issue that arises...

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Gender Identity in the Workplace

Focus on Canadian Employment and Equality Rights Newsletter

An overview of the rights of transgendered employees in Canada. This article was re-published in Wolters Kluwer CCH’s Focus On Canadian Employment and Equality Rights newsletter (July 2014 issue). Click here to read the article.

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Gender Identity in the Workplace: An Overview of the Rights of Transgendered Employees in Canada

In recent years, there has been increased acknowledgement of the difficulties faced by transgendered people, particularly in the workplace.  Transgendered people routinely experience harassment and discrimination because of their chosen gender identity.  Courts have recognized that they are a “historically...

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