Resources: Employment
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A Cautionary Case Against Two-Step Employment Offers
November 27, 2025
Sui v. HungryPanda Tech Ltd., 2024 BCSC 1856 serves as a warning to employers who make initial employment offers before issuing formal contracts.
In that case, the B.C. Supreme Court held that a written employment contract containing new restrictive terms was unenforceable due to a lack of fresh consideration.
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Restrictions on Health Practitioner Notes for Employee Health, Illness, or Injury Related Leave, Part 2: The Details of Bill 11
November 14, 2025
In an earlier bulletin, we covered the introduction of Bill 11, Employment Standards Amendment Act, which set out undefined restrictions as to when an employer would be prohibited from requesting a note or other documentation from a health practitioner in relation to an employee health, illness, or injury related leave. This resulted in the pending addition of section 49.2 to the Employment Standards Act (the “ESA”).
On November 12, 2025, the ESA section 49.2 restriction details were announced and implemented, effective immediately, via updates to the Employment Standards Regulation (the “ESR”) (sections 45.032, 45.033 and 45.034).
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Restrictions on Health Practitioner Notes for Employee Health, Illness, or Injury Related Leave, Part 2: The Details of Bill 11 -
Update on Five Paid Sick Days Under Employment Standards Act
January 26, 2022
The New Year brought employers in British Columbia a requirement to provide their employees with five paid sick (illness or injury) days. Since the requirement came into effect on January 1, 2022, we have been fielding questions about the implementation of the five paid sick days in the workplace. Below we highlight some of our more frequently asked questions.
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Update on Five Paid Sick Days Under Employment Standards Act -
ESA: Five Days Paid Personal Illness or Injury (Sick) Leave, as of January 1, 2022
November 25, 2021
On May 28, 2021 we issued an update regarding Bill 13 Employment Standards Amendment Act (No. 2), 2021 (“Bill 13”), which amended the British Columbia Employment Standards Act (the “ESA”). Bill 13 added temporary paid COVID leave (ending December 31, 2021) and added paid leave for personal illness or injury commencing January 1, 2022 (“Paid Sick Leave”), with the amount of days to be determined.
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ESA: Five Days Paid Personal Illness or Injury (Sick) Leave, as of January 1, 2022 -
Vaccination Status and the “New Normal”
August 13, 2021
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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The BC Human Rights Commissioner Weighs in on Mandatory COVID-19 Vaccination Policies
August 6, 2021
As vaccination rates increase, and the province continues to progress through each phase of its reopening plan, one of the biggest questions facing employers is whether to implement a mandatory vaccination policy for employees and, in some cases, customers. This is a complex and highly context-specific question that engages human rights issues, privacy issues, and workplace safety considerations.
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The BC Human Rights Commissioner Weighs in on Mandatory COVID-19 Vaccination Policies -
COVID-19-Related Misconduct is Nothing to Sneeze At
July 29, 2021
In a decision issued on May 10, 2021[1], Arbitrator Paul Love dismissed a discipline grievance related to COVID-19-related misconduct. The discipline was issued at a time when, in the words of the arbitrator, “there was a dearth of arbitral jurisprudence” with respect to such misconduct.
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COVID-19-Related Misconduct is Nothing to Sneeze At -
Paid COVID-19 Leave Now, and Paid Sick Leave in 2022
May 28, 2021
Bill 13 Employment Standards Amendment Act (No. 2), 2021 (“Bill 13”) received Royal Assent on May 20, 2021. Bill 13 is an amendment to the British Columbia Employment Standards Act (the “ESA”) and does two things:
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Paid COVID-19 Leave Now, and Paid Sick Leave in 2022 -
WorkSafeBC Decisions Provide Clarification Regarding Employer Actions Related to COVID-19 Safety
April 29, 2021
Two recent WorkSafeBC cases provide guidance regarding unacceptable worker actions in the context of the COVID-19 pandemic and related health and safety issues. Both cases dealt with prohibited action complaints brought by a dismissed worker against a former employer under sections 47 to 50 of the B.C. Workers Compensation Act.
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WorkSafeBC Decisions Provide Clarification Regarding Employer Actions Related to COVID-19 Safety -
Employee Reinstated Despite “Ongoing Pattern of Disrespect” for Employer’s COVID-19 Safety Protocols
March 2021
Previously printed in the LexisNexis Labour Notes Newsletter.
In the recent decision of Trillium Health Partners v. CUPE, Loc. 5180, 2021 CanLII 127 (Jesin), an Ontario arbitrator, Norm Jesin, reinstated an employee to employment after he was suspended and subsequently discharged for failing to adhere to the employer’s COVID-19 safety protocols.
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Employee Reinstated Despite “Ongoing Pattern of Disrespect” for Employer’s COVID-19 Safety Protocols