Malahat Nation, Energy Plug building $57M gigafactory on Vancouver Island

Malahat Nation, in partnership with Energy Plug Technologies, has initiated the construction of a $57-million battery assembly factory on Vancouver Island. This project, described as the world’s first Indigenous-led gigafactory, is a significant milestone for the Malahat Nation, offering a new economic base and job creation opportunities.

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Key details of the project

• Location: The factory will be situated on reserve land on the western side of the Saanich Inlet, north of Victoria.
• Facility Size: The 5,200-square-metre plant is scheduled for completion by the end of 2025.
• Initial Focus: Assembly of lithium iron phosphate battery storage packs for power grids, commercial, and residential uses.
• Job Creation: The factory is expected to create 210 jobs, with preference given to qualified Malahat Nation members.
• Ownership: Malahat Nation is investing $24 million and will hold a 51% ownership stake in the venture.

Partnerships and future development

The venture includes collaborations with Johnson Controls and Siemens Canada for engineering, financial services, and equipment supply.

Many components will be imported from Taiwan, with plans to develop software and new battery designs in collaboration with Taiwanese partners.

Carefully review your new employment contract

Before starting a job in British Columbia, you will likely be asked to sign an employment contract.

In many cases, these agreements take away key protections that would otherwise be available to non-unionized workers. Your employer might attempt to limit your severance package to a few weeks’ pay, or add a clause that gives them the ability to make significant changes to your job.

ADDITIONAL RESOURCES
• Employment lawyers for Victoria
• Changes to your job in B.C.: What employees need to know
• Severance Pay Calculator British Columbia

WATCH: Employment lawyer Lior Samfiru explains the five things workers need to know about employment contracts on an episode of the Employment Law Show.

Once you receive an employment contract, take the time to carefully review it. Your boss can’t legally force you to accept it immediately or a few short days after receiving it.

If you are unsure about anything in the contract, contact an experienced employment lawyer at Samfiru Tumarkin LLP. We can review the agreement and ensure that your workplace rights are properly protected.

LEARN MORE
• Starting a new job? Here’s how an employment contract could limit your rights
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: Things to never do before seeking legal counsel

You might have to complete a probationary period

In Canada, employment contracts often contain a “probation clause” that requires non-unionized employees to complete a probationary period when they start working for a new company. If your employer doesn’t indicate the existence of a probationary period in your agreement, it won’t be considered “valid” or “in effect.”

Fired during your probationary period?

If you are fired or let go before the probationary period ends, the company may still owe you a severance package. Your entitlements depend on what you agreed to in the employment contract.

However, if you are terminated after a legitimate three-month probationary period, your employer is required to provide you with working notice or pay in lieu of notice (i.e. severance pay).

LEARN MORE
• Employment Law Show: Probationary periods and termination
• Edmonton employee fired during probation for violating office dress code
• Wrongful dismissal in Canada: Your rights

Severance pay considerations

Before changing jobs in Canada, you need to consider future severance possibilities.

While a severance package can be as much as 24 months’ pay, compensation for non-unionized employees, including those working for Malahat Nation or Energy Plug, is calculated using several factors, including:

• Age
• Position at the company
• Length of service
• Ability to find new work

If you quit your current job, you may not be owed severance

In most cases, non-unionized workers in British Columbia don’t get a severance package if they resign from their position voluntarily to take up employment elsewhere. Severance is designed to provide employees with financial support while they look for new work after being fired without cause or let go.

However, if you are forced to leave because of unwanted changes to your job, it’s very likely that you could treat it as a constructive dismissal. In this situation, the law allows you to resign and pursue full severance pay.

If you believe that you have been constructively dismissed, don’t quit your job until you speak with an experienced B.C. employment lawyer at Samfiru Tumarkin LLP.

• ADDITIONAL RESOURCES: Should I negotiate my own severance pay in B.C.?

Your length of service affects your severance entitlements

If you are fired without cause or let go, a key factor in determining how much severance pay you are owed is your length of service.

• Example: If you worked at a grocery store in Victoria for 14 years and decide to take a new job in Kamloops that you sought out on your own, you forfeit the severance entitlements you built up with your current employer. As a result, if you are fired without cause or let go shortly after joining the new business, you could receive very little compensation.

However, there are situations where short-service employees are owed significantly more severance pay than they realize. If your employer fires you without cause, and you have only been with the company for three years or less, don’t accept your severance offer before contacting our firm.

As long as you didn’t sign the offer and send it back to your boss, you have two years from the date of your dismissal to pursue full severance pay. We can review the offer and help you secure the compensation that you are legally entitled to.

SEE ALSO 
• I already accepted a severance package, what should I do?
• Do I have to look for a new job after getting fired?
• Employment Law Show: Facts about the termination process

Recruited by another company?

In some cases, non-unionized workers in Canada leave their current job after being actively recruited by another company. If your new employer took documented steps to entice you to take up employment with them, this is known as inducement.

In the event that the company decides to terminate you shortly after pulling you away from your previous employer, the inducement should be taken into consideration when determining your severance entitlements.

• Example: Company X entices you to leave your current job to come work for them. If you are terminated shortly after making the switch, the company may be on the hook for enhanced severance pay because of the pressure it placed on you to leave your previous employer.

If this situation applies to you, don’t sign your severance offer until it’s been reviewed by a member of our team.

We can confirm that the inducement has been properly factored into your severance package and help you secure the compensation you deserve if it isn’t.

Starting a new job? Speak to an employment lawyer

Before signing a new employment contract, have the experienced employment law team at Samfiru Tumarkin LLP review the agreement to make sure your workplace rights are protected.

Our lawyers in B.C., Alberta, and Ontario have successfully represented tens of thousands of non-unionized individuals. We can help you better understand the terms of the contract and advise you on how best to navigate the situation.