Resources: Administrative

  • Bill 11, Employment Standards Amendment Act: BC Government to Restrict Employer’s Ability to Request Health Practitioner Notes for Employee Health, Illness, or Injury Related Leave

    May 21, 2025

    by Michael R. Kilgallin Jacquelynne Coles

    In April 2025, the BC Legislature introduced Bill 11, Employment Standards Amendment Act. Bill 11 passed third reading on May 12, 2025. Bill 11 will amend the Employment Standards Act (the “ESA”) to prohibit employers from requiring employees to provide a note or other documentation from a health practitioner in relation to a health, illness, or injury related leave.

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    Bill 11, Employment Standards Amendment Act: BC Government to Restrict Employer’s Ability to Request Health Practitioner Notes for Employee Health, Illness, or Injury Related Leave
  • Canada Work-Sharing Program and Temporary Layoffs under the BC Employment Standards Act

    April 15, 2025

    by Taylor Topliss

    Canadian businesses subject to the recent U.S. tariffs are facing significant turmoil including potential loss of business and a corresponding reduction in their workforce.

    In response to the tariffs, the Canadian federal government has introduced a Special Measures Work-Sharing Program to help prevent employee layoffs or dismissals.

    The Work-Sharing Program provides income support to employees suffering from reduced hours of work due to economic conditions caused by tariffs.

    However, BC employers considering the Work-Sharing Program must also consider the temporary layoff provisions under the British Columbia Employment Standards Act (the “BC ESA”), and constructive dismissal risks.

    In this article, we briefly outline the Work-Sharing Program, the BC ESA temporary layoff provisions, and constructive dismissal issues, and provide practical examples of how BC employers can navigate each.

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    Canada Work-Sharing Program and Temporary Layoffs under the BC Employment Standards Act
  • “Move” with Caution – A Reminder to Local Elected Councils and Boards of the Complexities of Censure and Sanction Motions

    March 6, 2025

    by Andrew Carricato

    The decision of the BC Supreme Court in Paull v. Quesnel (City), 2025 BCSC 347 adds to the growing line of cases regarding censure and sanction of local government councils and boards. It provides a cautionary reminder to elected council and board members of the complexities of a motion of censure and the process to be followed. It also highlights the importance of giving respondents due process and the required procedural fairness.

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    “Move” with Caution – A Reminder to Local Elected Councils and Boards of the Complexities of Censure and Sanction Motions
  • Vaccination Status and the “New Normal”

    August 13, 2021

    by Drew DemerseChristopher Munroe

    As governments and businesses seek to avoid closures that have so heavily impacted the economy and everyday life, many are looking to vaccine passports and/or considering mandatory vaccination in the workplace to facilitate a return to “normal” operations.

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    Vaccination Status and the “New Normal”
  • Major Apprenticeship Initiative Funded by Federal Government May Help Recruit and Employ New Workers

    October 11, 2022

    by Mike HamataAndrew Nicholl

    The Federal Government’s Apprenticeship Service is engaged in a large scale funding campaign, designed to increase apprenticeship opportunities and promote apprenticeships. It is also designed to increase diversity. This bulletin will focus on employers in the construction industry in BC, although the program is not limited to such employers.

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    Major Apprenticeship Initiative Funded by Federal Government May Help Recruit and Employ New Workers
  • BC Supreme Court Weighs in on Mandatory COVID-19 Vaccination Policies

    September 29, 2022

    by Danny BernsteinAndrew Peng

    On September 27, 2022, the BC Supreme Court released its decision in Parmar v. Tribe Management Inc., 2022 BCSC 1675 (“Parmar”). This is the first time the BC Supreme Court has directly weighed in on the validity of mandatory COVID-19 vaccination policies in non-unionized workplaces and was a much-awaited decision for many employers and employees in British Columbia who are involved in similar litigation.

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    BC Supreme Court Weighs in on Mandatory COVID-19 Vaccination Policies
  • Through the Looking Glass: 2022 BC Labour Law Forecast

    February 3, 2022

    by Kate DueckMike Hamata

    It is the start of a new year and we are ready to look ahead. In B.C., we are anticipating some significant labour decisions in 2022, which could be consequential for unionized workplaces. Join us as we fall down the rabbit hole of Charter challenges and vaccination policies.

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    Through the Looking Glass: 2022 BC Labour Law Forecast
  • Employment Standards Claims Cannot be Pursued in B.C. Courts

    November 2019

    by Danny BernsteinBobby Sangha

    A recent summary trial decision from the B.C. Supreme Court confirms that claims arising from breaches of the B.C. Employment Standards Act (ESA) cannot be pursued in a civil action and denies the application of the tort of intimidation to a threatened breach of an employment contract.

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    Employment Standards Claims Cannot be Pursued in B.C. Courts
  • Buyer Beware: The Labour Relations Board Deals With New Successorship Provisions in the BC Labour Relations Code

    November 2019

    by Andrew Nicholl

    Bill 30 introduced new contract retendering successorship provisions in section 35 of the Labour Relations Code (the “Code”). Our firm has commented previously that the new provisions will have a significant impact on certain contractors in BC.

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    Buyer Beware: The Labour Relations Board Deals With New Successorship Provisions in the BC Labour Relations Code
  • Six Months for Six Months: Is One Month’s Notice per One Month of Employment Reasonable?

    August 2019

    by Danny BernsteinBobby Sangha

    The past few years have seen a wave of Canadian court awards involving significant reasonable notice periods for short service employees, and the recent B.C. case of Greenlees v. Starline Windows Ltd, 2018 BCSC 1457 is a prime example.

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    Six Months for Six Months: Is One Month’s Notice per One Month of Employment Reasonable?