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.
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.
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.
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.
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.
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
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.
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.
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.
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
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.
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
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 […]
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% […]
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
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.
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 [...]
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.
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?
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.
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.
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 [...]
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.
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.
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 [...]
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 [...]
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.
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 [...]
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 [...]
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:
In most cases employees are not overly concerned about the precise legal identity of their employer. It does become an important issue when the employment relationship breaks down and the employee is seeking a remedy.
The Supreme Court of Canada, in a just-released decision (R. v. Cole), has indicated that an employee has a reasonable expectation of privacy with respect to personal information stored on employer's computer where personal use is permitted or reasonably expected.
The BC provincial government recently passed into law Bill 14 (the Workers’ Compensation Amendment Act, 2011), which amends the mental stress provisions of the Workers’ Compensation Act (the “Act”) to address bullying and harassment in the workplace. As of July 1, 2012, an employee in British Columbia may have a worker’s compensation claim for a […]
I was alarmed to learn that WorksafeBC is of the view that that a homeowner who hires a person to do a project that will take more than 24 man (person) hours must register with the WCB and pay premiums with respect to the work. If the homeowner fails to do so he or she […]
Did you know that a FRE is restricted from terminating non-management employees having a year or more of service other than for cause or valid business reasons such as reduction of work?Under the Canada Labour Code an unjustly dismissed employee can file a complaint and can be awarded damages and/or reinstated if an employer terminates without just cause or economic reason.This right is not strong as that enjoyed by unionized employees but [...]
With the ever-changing technology and innovation of social media and the potential uses for it, a question that is often asked by employers is whether they can use social media to perform a ‘background check’ on potential employees. For example, if a candidate sends their resume to a potential employer, can that employer look them up on Facebook? Twitter? Can the employer use Google to give them a list of what is out there? And [...]
I am leaving my long-term employer to work for a competitor. I have not signed any agreements restricting my ability to compete. I have nothing to worry about right?Believe it or not, a departing employee may have obligations which arise outside of a written contract.Contractual provisions which restrict the ability of employees to compete with an employer are called non-competition and non-solicitation clauses.
The BC Government has introduced Bill 22, legislation to end the BC teacher’s strike. Bill 22 , called the Education Improvement Act, suspends the teachers’ strike action and sets a "cooling off" period, appoints a mediator to facilitate bargaining, and implements a new $165-million Learning Improvement Fund and other enhancements to K-12 education. Bill 22 […]
Our Court of Appeal has in a recent decision involving a Sechelt bus driver caused me to rethink obligations on the giving and receiving of working notice of termination.In the case the employer and employee disagreed on the employee’s hours. In frustration the employer gave five weeks’ notice of termination. The employee had five years’ service and was entitled to more notice than that although it is unclear [...]
An all too typical typical Friday afternoon call to an employment (or tax) lawyer goes something like this: "Oh my God… I have just been reassessed for my independent contractors. I've been told I must pay the government the CPP and EI deductions I didn't make over the last three years.” To make matters worse, one of the contractors injured himself horribly in an accident and WCB says am not covered because I didn't [...]
This is one of the most frequent phrases heard by Employment lawyers. The phrase is uttered by employers who have terminated employees without cause have given only the notice (or pay) required under the Employment Standards Act (the “Act”). That should be the end of the matter. Right?Wrong. The notice provisions in the Act are the minimum standard. There are two very important other issues:
Should an employer who terminates an employee without just cause be entitled to enforce non-competition covenants against that employee?Here is an example - a sales employee who is let go due to lack of work. The employer gives a few months’ severance pay. The employee at some point in his employment had agreed not to work for a competitor within a year of the termination of his employment. When he starts competing the [...]