Resources: Administrative

British Columbia Law Institute Publishes Report on the Employment Standards Act: Changes to BC Employment Standards Anticipated in 2019

On December 10, 2018, the British Columbia Law Institute published its 300 page report on reforming the BC Employment Standards Act .

We expect the report’s recommendations will likely provide the framework for legislative change in 2019. Here, we summarize some of the more notable points.

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B.C. Labour Code Review 2018: A Summary of Recommended Changes and Next Steps

On October 25, 2018, the Government of BC released the long anticipated Section 3 Report concerning proposed changes to the Labour Relations Code of BC. A three person panel was appointed in February of 2018 to conduct a public consultation and recommend amendments to the Code.

The significant proposed changes are summarized.

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The B.C. ESA has Changed: What’s New and What’s Coming

B.C.’s NDP government recently moved forward with some significant changes to the province’s Employment Standards Act (“ESA”).  The minimum wage and some statutory leaves of absence have been increased, and these changes are merely the start:  further and far reaching amendments to the ESA are expected in the near future.

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Constitutional Protection for The Right to Strike: Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4

For years, governments have struggled to allow the voluntary resolution of collective bargaining disputes while at the same time protecting the public interest.

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Pension Benefits not Deductible from Wrongful Dismissal Damages, says Supreme Court of Canada

Damages for wrongful dismissal are typically calculated so as to place dismissed employees in the position they would have been in but for the breach of contract. Accordingly, courts award dismissed employees damages equivalent to the pay and benefits they would have received in the proper notice period.

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