Danny Bernstein Becomes Roper Greyell’s Newest Partner

January 2018

We are pleased to welcome Danny Bernstein to the partnership.

Having practised law first in Western Australia and then Ontario, Danny moved to British Columbia and joined Roper Greyell in 2015. He acts in all areas of labour, employment, and human rights law in both provincial and federal jurisdictions, regularly helping clients respond to wrongful and constructive dismissal claims, human rights complaints, and statutory entitlement claims.

Roper Greyell founding partner Tom Roper, QC, says, “Danny’s practical, thoughtful, and detail-oriented approach to client issues has made him an invaluable asset to our firm and we’re delighted to recognize his contributions by welcoming him as a partner.”

In addition to his client work, Danny speaks and writes on a broad range of workplace law topics, and conducts seminars and client training on workplace issues. Clients often seek his advice around terminations and layoffs, hiring new employees, and in dealing with complex human rights and performance management challenges.  “It’s important to me to get to know and understand my clients and their businesses so that I can play a meaningful role in helping them to achieve their short and long term objectives,” Danny says.

Danny’s move into a partnership role comes on the heels of Roper Greyell having been named by Canadian Lawyer magazine,  as one of the country’s Top Ten Labour and Employment Boutique firms. The firm has also been cited by the 2018 edition of Chambers Canada as a leading firm in its field and several of its lawyers have been ranked individually by Chambers as top legal practitioners.  “It has been an amazing opportunity for me to learn from some of this country’s best labour and employment lawyers, “ says Danny, “and it’s a huge honour to be asked to take a place among them.”

Federal Government Tables Legislation to Legalize Recreational Marijuana

April 2017

The federal government tabled legislation today, April 13, 2017, that would legalize the use of marijuana for recreational purposes by July 1, 2018.

Under the new legislative regime, the federal government will license marijuana producers, while the provinces and territories will have jurisdiction over the distribution and sale of marijuana within the framework set out in the federal legislation.

Highlights of the proposed legislation are as follows:

  • Purchasers will be required to be at least 18 years old, although provinces and territories may set a higher minimum age.
  • Adults 18 and older will be able to possess up to 30 grams of dried cannabis, or its equivalent in non-dried form, and will be able to grow up to four plants per residence.
  • Possession, production, and distribution outside of the legalized system would remain illegal, as would imports or exports without a federal permit.

As part of this major legislative initiative, the federal government is also proposing a number of changes to the Criminal Code, including creating a new criminal offence with a maximum of 14 years in jail for selling marijuana to a minor.

The proposed legislation also includes significant changes to Canada’s impaired driving laws. Proposed amendments to the Criminal Code would reportedly make it illegal for a person to drive within two hours of having a prescribed level of marijuana in his or her blood stream. The government is promising a system of mandatory roadside testing to test for cannabis impairment. The government is also proposing a new drug-impaired driving offence for drivers who combine alcohol with cannabis.

Potential Implications for Employers

In advance of the proposed legalization of marijuana, employers should consider updating their drug and alcohol policies. In particular, the proposed amendments to the Criminal Code may provide employers with an evidence-based model for managing suspected impairment in the workplace.

We will be carefully following the proposed legislation as it passes its way through the House of Commons and Senate.

If you require assistance regarding the impact of these proposed legislative changes on your workplace or any workplace policies or benefit plans, please contact us.

Roper Greyell Welcomes Maggie Campbell and Mike Hamata

April 2017

We are pleased to welcome Maggie Campbell and Mike Hamata to the firm.

For the past ten years, Maggie has advised clients on all aspects of employment relations. She has represented clients before the British Columbia courts, the Human Rights Tribunal and the Employment Standards Tribunal. Before joining Roper Greyell, Maggie practiced employment and labour law at the Vancouver office of an international firm.

Mike received his Juris Doctor from the University of Toronto and was called to the British Columbia bar in 2012. Prior to starting his legal career, Mike was a judicial law clerk to the Supreme Court of British Columbia. Mike articled and practiced as an employment and labour associate at an international law firm in Vancouver before joining Roper Greyell.

“We are very excited to welcome Maggie and Mike to Roper Greyell. They bring top-tier experience that will benefit our clients and contribute to the strength of our firm,” said Tom Roper, Roper Greyell’s Chair.

Federal Government to Make EI Parental Benefits More Flexible for Parents

April 2017

How Will This Affect Employers?

The Federal government is expected to introduce extended parental leave as early as 2018. Budget 2017 proposes changes to the Employment Insurance (“EI”) scheme that will allow parents to “stretch” EI parental benefits over an extended period of up to 18 months at a lower benefit rate of 33% of average weekly earnings. EI parental benefits will continue to be available at the existing benefit rate of 55% over a period of up to 12 months.

While the total benefit amount available through EI will not change, the lower extended parental benefit rate may have an impact on employers who offer supplemental or top-up payments during parental leave. We recommend that employers start to review their policies and collective agreements to determine whether changes will be required and how they may allocate top-up payments over 18 months if required to do so. Changes to these plans will require enough lead time to give notice to employees and/or negotiate the terms of any collective agreement with unions.

Budget 2017 also proposes to allow mothers to claim EI maternity benefits up to 12 weeks before their due date, an increase from the current standard of eight weeks.

It is important to note that none of the proposed measures will take effect immediately, but must await the introduction and passage of legislation. To implement these measures, Budget 2017 proposes to amend the Employment Insurance Act.

Further, while the proposed changes to the Employment Insurance Act will extend benefit entitlement and allow mothers to begin their EI maternity benefit earlier, the changes will not necessarily alter the legislated length of pregnancy/parental leave for all employees.

The budget indicates that the federal government will make the necessary amendments to the Canada Labour Code to ensure that employees in the federally-regulated sector have job protection while they are receiving caregiving, parental or maternity leave benefits. For provincially regulated employees, the job protection and leave entitlements will remain the same (i.e. usually based on a standard 12 month leave) unless the provincial legislatures also change the applicable provincial employment standards legislation. There is precedent for the provinces to follow the Federal Government’s lead when EI changes are made, but it remains to be seen what each province will do in these circumstances.

We will continue to watch for these legislative changes as each jurisdiction takes or does not take steps towards these amendments. If you require assistance regarding the impact of these proposed legislative changes on your workplace or any workplace policies or benefit plans, please contact us.

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Roper Greyell is Ranked in the 2017 Edition of Chambers Global

March 2017

We are pleased to announce that Roper Greyell has once again been ranked as a leading employment and labour law firm in the 2017 edition of Chambers Global. Thomas A. Roper, Q.C., Delayne Sartison, Q.C. and Gregory Heywood were also ranked individually.

Meet our lawyers who have been recognized as leaders in employment and labour law:

Thomas A. Roper, Q.C.’s “reputation in Vancouver and beyond is of the highest standing. He is highly thought of for his far-reaching experience in employment and labour law.” One source commented: “He is very efficient and very sound in his approach – a leading lawyer.”

Delayne Sartison, Q.C. “inspires confidence in peers and clients alike, who pinpoint her as “a clear leader” in British Columbia. Commentators appreciate her expertise in matters relating to the Canadian Charter of Rights and Freedoms, her strong management of arbitration files, as well as her generally thoughtful and practical attitude.”

Gregory Heywood “earns praise for his skills in litigation and arbitration, and for his flexible approach. Sources describe him as “top-notch,” and say: “He understands the industrial relations climate in BC.” He has significant experience representing natural resources and forestry industry clients.”

All quotes are from Chambers Global 2017.

About Chambers Global

Chambers Global is a well-respected legal publication that ranks the world’s best lawyers and law firms. Rankings are based on in-depth research and interviews conducted by over 150 highly qualified researchers.

Roper Greyell Welcomes New Partner, Ryan Copeland

January 2017

We are pleased to welcome Ryan Copeland to the partnership.

Ryan’s unique background guides his approach to workplace law. He has been a construction worker, a tree feller and while in university, he managed and led a 20-person forest firefighting crew. “My past experience has taught me how to adapt and respond to a variety of dynamic and changing circumstances on the job,” says Copeland. “Those skills are valuable assets in guiding clients through the complex world of workplace law. I enjoy analyzing all possible solutions and working alongside my clients to determine the best direction.”

Ryan provides advice to both public and private sector clients on matters such as harassment, absenteeism, health and safety, workplace policies and employment contracts. He also helps clients navigate through the courts, labour arbitrations, labour boards, human rights and WorkSafeBC tribunals.

“We look forward to the continued insight and fresh perspective Ryan brings to Roper Greyell,” says Tom Roper, Roper Greyell’s Chair. “Our focus is helping our lawyers grow. When they grow, we grow and our firm is able to build on the kind of sound advice our clients have come to expect. By developing the skills and talents of our people we can meet the exacting needs of our clients in a rapidly changing employment landscape.”

Ryan joined the firm in 2008 as an associate and as he moves into his new role he will continue to build on the firm’s commitment to provide clients with the highest quality legal representation and strategic advice in all areas of workplace law.

Lexpert/American Lawyer Guide Names Thomas A. Roper Q.C. to Leading Lawyer List

December 2016

We are pleased to announce that Thomas A. Roper Q.C. has been selected for inclusion in The 2017 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada (Lexpert®/ALM 500).

Click here to view the complete guide.

Roper Greyell Welcomes New Associate, Tamara Navaratnam

September 2016

Roper Greyell is pleased to welcome new associate Tamara Navaratnam to the firm.

Tamara graduated from the Juris Doctor program at the University of Victoria in May 2015. During her time in law school, Tamara volunteered with Pro Bono Students Canada as a Tenancy Advocate. She spent her final semester abroad studying at the National University of Singapore.

Prior to joining Roper Greyell, Tamara articled at a large regional firm in Vancouver.

BC Government Expands Employment Standards Exemption for Accountants

July 2016

Effective July 19, 2016, the BC Government has expanded the exemption for accountants from the Employment Standards Act to cover all professional accountants now practicing as Chartered Professional Accountants (CPAs) or enrolled as CPA students. Previously, only the minority of accountants holding the predecessor designation of Chartered Accountant (CA) were exempt while the larger group of accountants holding the predecessor CMA and CGA designations enjoyed full protection under the ESA.  This change means that, in B.C., both accountants working in accounting firms and the larger number of accountants working in industry are not entitled to any of the basic employment rights protected by the Employment Standards Act. These range from the minimum wage to vacation, statutory holiday, overtime and termination pay, as well as statutory leaves such as maternity leave.  Employers who currently provide ESA-based terms of employment to their accountants will no doubt continue to do so, but have greater flexibility in setting employer policies. Because changing some employment policies may have legal implications, employers should get legal advice before making any changes to take advantage of this expanded flexibility.  Employers should be aware that other provinces such as Ontario offer much more limited exemptions from hours of work and overtime employment standards only.

Supreme Court Confirms Canada Labour Code Unjust Dismissal Procedure Available to Federally-Regulated Employees, Even When Severance Is Paid

July 2016

The Supreme Court of Canada has confirmed in Wilson v. Atomic Energy of Canada Ltd., 2016 SCC 29,  that for federal sector employers, employees may claim “unjust dismissal” under the Canada Labour Code (CLC) and obtain remedies including reinstatement with back pay even where the employer is not asserting just cause for “firing” the employee and has offered or paid contractual severance.

A limited number of businesses in Canada are covered by the federal CLC rather than provincial employment laws. Most are either federal Crown corporations or involved in aboriginal government, banking, telecommunications, television, aviation or inter-provincial or international communications or transportation.  Since 1978 the CLC has included a right for dismissed non-union federally-regulated employees with at least 12 months of service to make a complaint of “unjust dismissal” within 90 days of the dismissal.  If a complaint is successful, an adjudicator has broad discretion to order a variety of remedies, including monetary damages and reinstatement.  A dismissal will not be found “unjust” where the employee was terminated for just cause and the remedy is not available in certain situations, such as where the termination is due to the discontinuance of a job or layoff for lack of work or where the employee has another remedy available (e.g. a discrimination complaint).  In the original court decision in Wilson, the Federal Court had ruled that the unjust dismissal remedy should not be available where the employer terminated without cause and offered contractual severance.

The court confirmed that the intent of Parliament in enacting the unjust dismissal provisions of the CLC was to provide non-union federally-regulated employees with protection against dismissal without cause similar to that enjoyed by unionized employees. Accordingly, the offer or payment of severance, however generous and whether or not it satisfies common law contractual notice or severance entitlements, does not make a dismissal “just” and deprive a dismissed employee from seeking a remedy under the CLC.

While this case has attracted a lot of attention, the decision actually confirms a long line of adjudicator and federal court decisions prior to Wilson, and therefore the result is not surprising.  It is important for employers to remember that a dismissed employee only has 90 days to make an unjust dismissal complaint.  Also, an employer can (and should) insist on a release of all claims, including unjust dismissal, as part of a negotiated severance package.  Further, a dismissal due to the discontinuance of a position or layoff cannot be challenged as “unjust” under the CLC.

The purpose of this update is to provide information as to developments in the law. It does not contain a full analysis of the law nor does it constitute an opinion of Roper Greyell LLP or any member of the firm on the points of law discussed. Interested parties are urged to seek specific advice on matters of concern and not to rely solely on the text of this bulletin.

 

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