Author Archive

New Statutory Holiday Expected In British Columbia

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The British Columbia government recently proposed legislation to create a new annual provincial statutory holiday on September 30th named the National Day for Truth and Reconciliation.

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Employer Obligations to Prevent Bullying and Harassment in the Workplace

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Categories: Blog, Employment Law
Today is Pink Shirt Day which represents an anti-bullying campaign. Bullying and harassment in the workplace exists on a spectrum and is a moral and legal issue.

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Mandatory Paid Sick Leave Implemented in British Columbia

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Categories: Blog, Employment Law
British Columbia employees are entitled to five paid days and three unpaid days of sick leave as of January 1, 2022.

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The National Day for Truth and Reconciliation: A New Federal Statutory Holiday

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Categories: Blog, Employment Law
The Federal Government recently passed legislation to create a new annual federal statutory holiday on September 30th.

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Two New Paid Leaves for Employees: Temporary COVID Leave and Permanent Sick Leave

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Categories: Blog, Employment Law
British Columbia recently passed legislation requiring employers to provide employees with two new separate paid leaves.

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COVID-19 Vaccines in the Workplace

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Categories: Blog, Employment Law
As COVID-19 vaccinations become more readily available, employers have lots of questions about how vaccines will impact their workplace.

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When “Regular” Employees Owe Fiduciary Duties and Why it Matters

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Categories: Blog, Employment Law
While all employees owe a duty of fidelity to their employers, certain employees owe an elevated fiduciary duty.

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Employment Considerations When Buying or Selling a Business

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Employees can be an organization’s greatest asset but also – in the circumstances of a corporate transaction – its greatest liability.

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Childcare, Human Rights and COVID-19

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Categories: Blog, Employment Law
Childcare is one of the most difficult areas to navigate for employers during the COVID-19 pandemic. Schools and daycares were closed forcing many employees to balance working from home with childcare obligations.

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Employment Standards Severance May Not be Required as a Result of COVID-19

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Categories: Blog, Employment Law
The British Columbia government recently announced that employees may not be entitled to notice of termination or termination pay pursuant to the BC Employment Standards Act if their employment is terminated as a result of COVID-19.

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New Employment Standards Act Protections for Individuals Impacted by COVID-19

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Categories: Blog, Employment Law
The Employment Standards Act was amended to provide job protection to persons who are ill, need to self-isolate, need to care for their child or other dependent, or whose employer is concerned that the employee may expose others to risk as a result of the COVID-19

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Summary of Relief Packages for Businesses

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Categories: Blog, Employment Law
On March 23rd, the British Columbia government announced a $5-billion economic relief plan to support families, businesses and economic recovery in response to COVID-19.

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Province Releases List of Essential Services in British Columbia

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Categories: Blog, Employment Law
The provincial government published its list of essential services on March 26th. Essential services are workplaces that are encouraged to stay open by the provincial government.

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Layoffs, Working Remotely and School Closures as a Result of COVID-19

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Categories: Blog, Employment Law
Our governments have made several directives and recommendations since our previous articles which we address below. This article also canvasses issues such as school closures, layoffs resulting from COVID-19, working remotely and bans on large public gatherings.

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COVID-19 (Coronavirus) Update For Workplaces

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Categories: Blog, Employment Law
COVID-19 (also known as the coronavirus) has had a significant impact on Canadian workplaces. It is a novel virus that has left employers and employees scrambling.

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Workplace Sexual Harassment Following the #metoo Movement

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Categories: Blog, Employment Law
Sexual harassment in the workplace exists on a spectrum. It can range from unwelcome comments of a sexual nature to sexual assault.

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Legal Open-House For Non-Profits with Colin Edstrom

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Categories: Firm News
This Roundtable breakfast and presentation is designed for those in non-profit organizations to learn, connect and share.

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The (Un)Enforceability of Non-Competition Agreements

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Categories: Blog, Employment Law
Many employment agreements contain non-competition clauses that seek to prevent an employee from later working for a competitor.

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The Perils of Probationary Periods

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Categories: Blog, Employment Law
Employers frequently misunderstand their obligations when dismissing probationary employees.

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Major Changes to Employment Standards Are Coming

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Categories: Blog, Employment Law
Significant revisions to the British Columbia Employment Standards Act that purport to impact nearly all workplaces in British Columbia are scheduled to come into force shortly.

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Family Status Discrimination Test Affirmed by BC Court of Appeal

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Categories: Blog, Employment Law
The British Columbia Court of Appeal recently affirmed that the test for assessing discrimination in employment on the basis of family status differs from other protected grounds.

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New Employer Health Tax Comes Into Force

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Categories: Blog, Employment Law
British Columbia’s new Employer Health Tax came into force on January 1, 2019.

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Weed at Work: What Are Your Rights?

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Categories: Blog, Employment Law
Consumption of recreational cannabis will be legal as of October 17th. While some Canadians are rejoicing, many businesses are understandably nervous.

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Colin Edstrom Presenting “Navigating Workers’ Compensation Claims”

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Categories: Firm News
Pushor Mitchell lawyer Colin Edstrom will be giving a presentation on “Navigating Workers’ Compensation Claims.”

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Summary of Recent Changes to Workplace Laws in BC

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Categories: Blog, Employment Law
British Columbia has had a new provincial government since July 2017. Over the past 10 months, the John Horgan government has revised or sought to revise various workplace laws.

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Minimum Wage to Increase by 34% over Four Years

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Premier John Horgan recently announced that the minimum wage rate in British Columbia will rise to $15 per hour by 2021

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SCC Confirms that Human Rights Code Applies to Employees Who Do Not Share the Same Employer

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Categories: Blog, Employment Law
The British Columbia Human Rights Code prohibits discrimination in employment.

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Pushor Mitchell lawyers Colin Edstrom and Patrick Bobyn presenting “Non-Profits and the Law” for the Canadian Society of Executives

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Categories: Firm News
Colin Edstrom and Patrick Bobyn will be giving a presentation on "Non-Profits and the Law" for the Canadian Society of Association Executives on November 16, 2017.

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Think Twice when Dismissing an Employee Prior to the First Day of Work

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Categories: Blog, Employment Law
Most employers are aware of the obligation to provide an employee with notice of termination or pay in lieu of notice.

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“I Quit!” Does Not Always Mean “I Quit”

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Categories: Blog, Employment Law
Employees who voluntarily resign from their employment cannot successfully sue their employers for wrongful dismissal.

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British Columbia to Reinstate Human Rights Commission

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Categories: Blog
The provincial government recently announced plans to reinstate the British Columbia Human Rights Commission following a 15 year hiatus.

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Defamation and Reference Checks

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Categories: Blog, Employment Law
Reference checks can put former employers in an awkward position. Employers want to tell the truth but may be concerned about the potential legal consequences of providing a bad reference.

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Court of Appeal Provides Clarity on Aggravated Damages Flowing from Wrongful Dismissal

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Categories: Blog, Employment Law
A recent case from our Court of Appeal articulates the standard required to establish an entitlement to aggravated damages resulting from a wrongful dismissal.

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Withholding a $300,000 Bonus not a Constructive Dismissal

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Categories: Blog
A recent case out of Ontario illustrates that not all refusals to pay an employee’s compensation amount to a constructive dismissal, even if the amount owing is over $300,000.

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Alberta to Overhaul Workplace Rules for First Time in Almost 30 Years

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Categories: Blog, Employment Law
The Alberta government recently introduced a bill to modernize Alberta’s workplace laws entitled the Fair Family-Friendly Workplaces Act.

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Provincial Government Bans Mandatory High Heels in Workplaces

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Categories: Blog, Employment Law
The provincial government recently amended the Occupational Health and Safety Regulation to ban the practice of requiring employees to wear high heels in the workplace.

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