Resources: Employment

Ontario Court Decides “Private Group Chats” Can Become a Disciplinable Workplace Issue

In or around April 2020, while the Human Resources department at Metrolinx (the “Employer”) was conducting an investigation into a separate and unrelated matter, an employee informed the Employer about a WhatsApp conversation between the five grievors approximately eight months earlier, a conversation which “contained negative, derogatory and sexist comments about a female employee”.

Read More +

International Credentials Recognition Act Comes into Force in BC

On July 1, 2024, the International Credentials Recognition Act, SBC 2023, c 39 (the “Act”) came into force in British Columbia.

The legislation is intended to address the shortage of skilled professionals in BC by reducing barriers for internationally trained professionals seeking jobs in this province. The Act is designed to improve the credential recognition process, making it more fair, efficient, and streamlined for applicants seeking certification from professional regulators.

Read More +

New Legislative Requirements for “Online Platform Workers”

In September 2024, app-based ride hailing and food delivery services will be required to provide workers in British Columbia with certain employment-like protections and workers’ compensation benefits.

Read More +

Good Accommodation Gone Wrong

In United Nurses of Alberta v. Alberta Health Services (MacKinnon Grievance), [2023] A.G.A.A. No. 10 (Asbell), the majority of an arbitration board awarded $10,000 in injury to dignity (human rights) damages for an employer’s failure to consistently and proactively accommodate a neurodivergent employee.

Read More +

Illness and Injury Leave Under the Employment Standards Act in the Unionized Context

Section 49.1 of the B.C. Employment Standards Act (the “ESA”) addresses illness or injury leave (sick leave) and provides as follows: after 90 consecutive days of employment, an employee is entitled to paid leave for up to the prescribed number of days, and unpaid leave for up to 3 days, in each calendar year due to illness or injury.

Read More +

When an E-Mail Does Not “Find You Well”: Just Cause Termination Not a Proportionate Response To Employee’s Heated E-Mail

Employers can be quick to assert that a single instance of employee misconduct is enough to discharge an employee for just cause.

Read More +

Jurisdictional Issues in Maritime Employment Law

The Federal Court of Canada’s recent decision in Konteft v. Lower Lakes Towing Ltd., 2024 FC 96 (CanLII) confirms that maritime employment law requires careful consideration of jurisdictional issues.

Read More +

Bots in the HR Department: Recruitment in the Age of Generative AI

Although artificial intelligence (AI) tools have been available to human resources (HR) departments for many years, the November 2022 release of OpenAI’s ChatGPT prompted HR professionals and their legal advisors to take a fresh look at how generative AI chatbots can support and improve HR work, including recruitment.

Read More +

Estopped in the Name of Benefits: Past Practice Prohibits Dismissal of Employees on Long-Term Disability

In the unionized workplace, an employer may dismiss an employee for non-culpable absenteeism (also known as “innocent absenteeism” or “non-culpable cause”) where the circumstances and medical information confirm that there is no reasonable likelihood the employee will return to work for the foreseeable future.

Read More +

Wage-Fixing and No-Poaching Agreements

The federal government has introduced legislation aimed at maintaining and encouraging competition among employers for employees. This new legislation prohibits agreements between employers to fix wages or other terms and conditions of employment, and to restrict job mobility.

Read More +