Archive for the ‘Employment Law’ Category
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.
Read the Full Article
Currently in British Columbia there is a two-step process to certify a bargaining unit. A union must first get 45% of workers at a job site to sign membership cards, and once that threshold is reached, workers must then restate their preference for a union through an additional vote.
Read the Full Article
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.
Read the Full Article
British Columbia employees are entitled to five paid days and three unpaid days of sick leave as of January 1, 2022.
Read the Full Article
The very conservative government of Ontario has introduced a bill called the Working for Workers Act.
Read the Full Article
The Federal Government recently passed legislation to create a new annual federal statutory holiday on September 30th.
Read the Full Article
British Columbia recently passed legislation requiring employers to provide employees with two new separate paid leaves.
Read the Full Article
As COVID-19 vaccinations become more readily available, employers have lots of questions about how vaccines will impact their workplace.
Read the Full Article
In British Columbia, the Employment Standards Act, R.S.B.C., c. 113 (the “ESA”) provides significant employment rights for pregnant women.
Read the Full Article
While all employees owe a duty of fidelity to their employers, certain employees owe an elevated fiduciary duty.
Read the Full Article
Employees can be an organization’s greatest asset but also – in the circumstances of a corporate transaction – its greatest liability.
Read the Full Article
COVID-19 has posed great challenges for employers who are facing an interruption, modification, or perhaps even a closure of their businesses.
Read the Full Article
On June 25, 2020, the province introduced regulatory amendments to allow temporary layoffs to continue for up to 24 weeks, or until August 30th, whichever comes first.
Read the Full Article
When an employee voluntarily resigns from their employment they cannot successfully sue their employer for wrongful dismissal. However, determining whether an employee has actually resigned is not always straightforward.
Read the Full Article
The BC NDP are moving forward with proposed changes that claim to modernize the Workers’ Compensation Act.
Read the Full Article
Many employers have been worried about the status of their employees who are still on temporary layoff.
Read the Full Article
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.
Read the Full Article
On March 17, 2020, Dr. Bonnie Henry, B.C.’s Provincial Health Officer, declared a public health emergency. The following day, March 18, 2020, Mike Farnworth, Minister of Public Safety and Solicitor General, declared a provincial state of emergency to support a province wide response to the COVID-19 pandemic. This signaled the closing of many BC business and the resulting layoff of employees.
Read the Full Article
The BC Government has announced its phased approach to reopening businesses. The BC Government has partnered with WorkSafeBC to develop resources and general guides to assist in the transition from virus-related lockdown to carefully restarting social and commercial life.
Read the Full Article
Unprecedented times have called for unprecedented measures. Now, we see a flicker of light at the end of tunnel as BC has released its plan for easing the restrictions.
Read the Full Article
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.
Read the Full Article
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
Read the Full Article
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.
Read the Full Article
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.
Read the Full Article
This is an unprecedented time due to the COVID-19 pandemic. The effects of the spread of the virus are being felt across all industries by employers and employees alike.
Read the Full Article
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.
Read the Full Article
Organizations are suddenly facing economic uncertainty given the new and far reaching consequences of COVID-19.
Read the Full Article
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.
Read the Full Article
Employers and Employees are pondering their rights in light of the Corona virus. We have set out some of the questions that might arise and our answer to same.
Read the Full Article
Sexual harassment in the workplace exists on a spectrum. It can range from unwelcome comments of a sexual nature to sexual assault.
Read the Full Article
In December 2019, the Metro Vancouver Regional District received an administrative penalty of $637,415.60 for committing high risk safety violations.
Read the Full Article
A recent case in BC illustrates the danger of employers using restrictive covenants that are too broad.
Read the Full Article
In my practice I frequently receive inquiries from workers in their forties to sixties who are seeking assistance with old injuries.
Read the Full Article
Many employment agreements contain non-competition clauses that seek to prevent an employee from later working for a competitor.
Read the Full Article
Employers frequently misunderstand their obligations when dismissing probationary employees.
Read the Full Article
On April 30, 2019, BC’s Labour Minister, Harry Bains, introduced proposed changes to the Labour Relations Code (the “Code”).
Read the Full Article
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.
Read the Full Article
Regulatory changes took effect on Tuesday, April 16, 2019 that expanded the presumption for mental health disorders caused by work.
Read the Full Article
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.
Read the Full Article
We often see cases in our office where a client presents a situation where an employee has behaved in outrageous fashion.
Read the Full Article
We are frequently asked about “settling with the Board”. Our response is that you cannot settle with WorkSafeBC.
Read the Full Article
WorksafeBC is the provincially legislated body having exclusive jurisdiction to adjudicate all issues related to most worker injuries.
Read the Full Article
Consumption of recreational cannabis will be legal as of October 17th. While some Canadians are rejoicing, many businesses are understandably nervous.
Read the Full Article
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.
Read the Full Article
Premier John Horgan recently announced that the minimum wage rate in British Columbia will rise to $15 per hour by 2021
Read the Full Article
Most employers are aware of the obligation to provide an employee with notice of termination or pay in lieu of notice.
Read the Full Article
Employees who voluntarily resign from their employment cannot successfully sue their employers for wrongful dismissal.
Read the Full Article
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.
Read the Full Article
A recent case from our Court of Appeal articulates the standard required to establish an entitlement to aggravated damages resulting from a wrongful dismissal.
Read the Full Article
The Alberta government recently introduced a bill to modernize Alberta’s workplace laws entitled the Fair Family-Friendly Workplaces Act.
Read the Full Article
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.
Read the Full Article
This short article will summarize some strategies for employers and employees in making wrongful dismissal actions less expensive.
Read the Full Article
In what will no doubt be one of the most impactful employment law cases of the year, the Supreme Court of Canada in Wilson v. Atomic Energy of Canada has found that federally regulated employers cannot, absent economic reasons, terminate a non-unionized employee without just cause.
Read the Full Article
In the world of employment law there are “independent contractors” and there are “employees,” each one has pros and cons from both the employer and employee perspective.
Read the Full Article
Pushor Mitchell is pleased to announce Swinging the Heavy Hammer: Just Cause Terminations, the next presentation in our LawTalks: Business Law Today series.
Read the Full Article
The high costs of litigation and the long delays to have a matter heard in court have raised serious concerns with respect to access to justice in Canada.
Read the Full Article
It is settled law that an employee who is wrongfully terminated is entitled to “reasonable notice” which can be working notice or compensation in lieu of notice.
Read the Full Article
Employee recruitment, and particularly recruitment for highly competitive positions, often requires a certain amount of salesmanship on the part of recruiters.
Read the Full Article
Across Canada, Human Rights Tribunals have a unique role in our legal system by enforcing protections against discrimination provided by human rights legislation.
Read the Full Article
Employees who are passed from one employer to another in the event of the sale of a business create interesting issues for employment lawyers.
Read the Full Article
When an employee is terminated without good legal reason, the employee will generally be entitled to damages for wrongful dismissal.
Read the Full Article
We've all heard one of the following stories... An employee in heavy industry is laid off because of a downturn in the economy. Or an office worker is let go because she doesn't get along with her supervisor.
Read the Full Article
Questions concerning disabilities and the duty to accommodate are often misunderstood.
Read the Full Article
In a recent British Columbia case our courts considered whether an employer would be excused from paying severance pay to a terminated employee by offering to rehire her.
Read the Full Article
Health information is sensitive. Very sensitive. And given the intimate nature of this information, the BC government has understandably put in place important protections.
Read the Full Article
Contrary to popular belief, dismissed employees are expected to make reasonable efforts to find replacement employment.
Read the Full Article
Employment lawyers should tell their wrongfully dismissed ex-employee clients about the duty to mitigate.
Read the Full Article
Most non-unionized employees can be dismissed without cause with appropriate notice or pay in lieu.
Read the Full Article
Pushor Mitchell is pleased to present “Understanding Workers' Compensation and Occupational Health and Safety.”
Read the Full Article
I fired an employee and paid the Labour Standards severance pay of 4 weeks. Now the employee is suing me for more? Is that right?
Read the Full Article
Pushor Mitchell is pleased to present "Strategies for Early Conflict Resolution and Litigation Risk Mitigation."
Read the Full Article
As an employment lawyer, I have met with dozens of people who have suffered a workplace accident and are now fighting for their compensation benefits. Fortunately, there is an avenue for workers to contest unfair decisions from WorkSafeBC. The process is long and difficult, but in many circumstances workers are able to overturn the decision
Read the Full Article
The Employment Standards Act provides basic conditions of employment for workers under provincial jurisdiction throughout British Columbia. Although most of these standards are fairly clear, one area of frequent confusion is with respect to overtime.
Read the Full Article
Jian Ghomeshi is just one example of an employee who regrets taking action against his employer.
A recent case in BC involved a project manager who was terminated without just cause. He sued his employer wanting more severance pay
Read the Full Article
Pushor Mitchell is pleased to announce Peas in a Pod: Effective Hiring Practices for Today’s Employer, the second in our new employment law series, Navigating the Seas of Change. In today’s era of labour shortages, many employers are frustrated by their inability to attract and retain qualified candidates. Unfortunately, with the BC Government estimating that […]
Read the Full Article
Program name change from Labour Market Opinion (“LMO”) to Labour Market Impact Assessment (“LMIA”); Caps on percentages of foreign workers starting at 30% and reducing to 10% in 2016; Prohibition of TFW in low wage and skill groups in areas in certain sectors (food services, accommodation and retail trade) where there is high unemployment (6% […]
Read the Full Article
On February 17th, last year I wrote about a case (Johnstone v. Canada (A.G.)) in which a mother was awarded substantial damages because her employer did not accommodate her requests for flexible hours she said she required to care for her children. My article can be found at: www.pushormitchell.com/law-library/article/new-developments-employee-leave-family-obligations
Read the Full Article
In a recent case involving Blackberry and one of its executive employees a court made a declaration that a relatively long notice period by an employee (six months) is valid and enforceable. Most often employment agreements only require notice periods in the range of two weeks to a month. In the case the employee had, in an employment contract, agreed to provide six months’ notice of his resignation.
Read the Full Article
A tired Michigan BP gas station attendant who had just completed the night shift and wanted to go home put his boss on blast and lost his job as a result. The employee was waiting for his manager to relieve him and she was an hour late because, she said later, she had slept through her alarm. The employee locked up the store and went home, but not before taping a handwritten note to the inside of the glass doors of the gas station, where [...]
Read the Full Article
The internet is a valuable tool in most workplaces. It is a vast, quick and free source of information. While the information gleaned from a search is likely not to yield a definitive answer, it almost always provides a direction to the answer.
Read the Full Article
At this time there are no municipal bylaws or workers’ compensation regulations preventing the use of electronic cigarettes in the workplace. Does this mean that employers need to allow their employees to use these devices?
Read the Full Article
Emotions can run high in any civil dispute. The parties in their anger will speak poorly of the other, they may treat each other with disdain or disrespect in the process. Feelings will inevitably be hurt and often psychological injury -- temporary or permanent - may result.
Read the Full Article
Employers encourage key employees, particularly sales employees, to use a wide variety of social media sites including Twitter, Facebook, and LinkedIn to connect with customers and prospective customers.Professional firms encourage their members to publish articles on blogs (and websites like this) to promote knowledge and skill to their customers and prospective customers. All is well until there is a break in the relationship.
Read the Full Article
With the decline in general economic activity and increasing competition from low wage countries, what can employers do to lower their labour costs?A human resources professional could help with issues concerning motivation and productivity. An engineer or technician could help with respect to technology and modernization of processes and procedures. This article will discuss the legal issues surrounding reduction of workforces [...]
Read the Full Article
Many non-lawyers (and many non-employment lawyers) will make reference to a “rule of thumb” that provides that a terminated employee is entitled to one month per year of service.However, in two recent decisions, the British Columbia Courts have re-affirmed that there is no “formula” or rule of thumb that can be applied in determining how much notice an employee may be entitled to on the termination of their employment.
Read the Full Article
One of the issues plaguing lawyers in giving advice to employees whose terms and conditions of employment have been altered is whether the employee should withdraw services and claim constructive dismissal or keep working while looking for new employment.
Read the Full Article
An employer tried to reduce its severance pay obligation by ceasing payments to a terminated employee when he found new employment. In the case (Allen v. Ainsworth in BC Supreme Court), the employer unilaterally gave working notice and removed the employee’s duties. In essence, the employee was being paid to stay away. When the employee found other employment during the notice period, the employer stopped paying his salary. The [...]
Read the Full Article
It is undeniable that employers must not discriminate against employees because of pregnancy parental leave. That being said, sometimes legitimate business reasons require an employer to reorganize their work force. In such circumstances, must an employer protect an employee who is pregnant or on parental leave when making decisions about how to downsize?According to a recent Canada Labour Arbitration decision, the answer is a resounding [...]
Read the Full Article
In a recent decision in the Ontario Court of Appeal (Royal Bank of Canada v. Samson Management), the Court upheld guarantee language that was clearly designed to take away common-law protection for guarantors. Under the common law, the guarantor might avoid his obligations where changes are made between the lender and borrower which affect the risk and exposure of the guarantor.
Read the Full Article
Most of us know that employers have the right to terminate an employee ‘for cause’ at any time during the employment relationship. If an employer has ‘cause’ to terminate an employee, the employer can do so immediately, without notice to the employee and without paying any severance. However, many lawsuits arise over the question of whether the employer, in fact, had ‘cause’ to terminate the [...]
Read the Full Article
Can an employer require employees to speak only a certain language in and around the workplace? A related question is: can an employer only hire employees with certain language skills?
Read the Full Article
A recent case in the Federal Court of Canada has nudged the door open a little further to more liberal rights for workers needing work accommodations to care for family members.In the case a Border Services employee wanted to work a set shift that was complementary to her daycare arrangements. The employer did not offer such a shift. The employer argued that accommodating the employee would be a real hardship given that it services [...]
Read the Full Article
A recent case in Alberta (Globex- 2011) suggests that an employer who terminates an employee without just cause and without sufficient notice repudiates the contract of the employment and thus releases the employee from all obligations including any clause preventing the employee from competition and solicitation of the employer’s customers and employees.The case is controversial and must be read with some caution because:
Read the Full Article
