Can an employer be bound by their past practice of granting consent benefits?
British Columbia, Canada
The following excerpt is from Patrick v. Telus Communications Inc., 2007 BCCA 200 (CanLII):
The appellants' second ground of appeal is essentially founded on waiver or estoppel, both of which were expressly rejected by the trial judge at para. 76 of his reasons: No cases were submitted in which a court held that a past practice of granting consent benefits had resulted in an accrued right to those benefits or otherwise binding the employer to continue granting consent in the future. Mair v. Stelco Inc., supra, is authority only for the proposition that past practice may indicate or limit the manner in which discretion must be exercised; past practice does not dictate the result.
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