Resources: Employment
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A Tale of Two Documents
February 2, 2021
Employers and HR professionals have become increasingly alive to the requirement to document misconduct and build the case for termination of employment. Sometimes, we do not intend to go that far, and only plan to issue a letter of expectations. The best of intentions, however, can go awry and we can overstep. While our notes to file may always be a blow to the employee, they can have more force than intended if we are not mindful of the distinction between administration and discipline.
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A Tale of Two Documents -
When to Fight and When to Fold: A Cautionary Tale for Employers That Defend a Wrongful Dismissal Claim on “Principle”
January 15, 2021
How do you convince a client that wants to defend a wrongful dismissal claim of the fact that its claim of just cause for termination is devoid of legal merit? You can start by showing it the reasons for decision in Hrynkiw v. Central City Brewers & Distillers Ltd., 2020 BCSC 1640, where the B.C. Supreme Court not only found in favour of the plaintiff but gave him everything he was asking for – including an order for costs.
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When to Fight and When to Fold: A Cautionary Tale for Employers That Defend a Wrongful Dismissal Claim on “Principle” -
Leading Labour and Workplace Law Cases of 2020
January 12, 2021
With the upheaval and significant challenges and difficulties of 2020, some important labour and workplace law cases may not have been front of mind for employers and HR practitioners.
The following are what we consider to be among the top five cases of the last 12 to 18 months.
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Leading Labour and Workplace Law Cases of 2020 -
Attention Federal Employers: The Workplace Harassment and Violence Prevention Regulations Are Now In Effect
January 11, 2021
On January 1, 2021, the Workplace Harassment and Violence Prevention Regulations, SOR/2020-130 came into force (“Regulations”), replacing Part XX of the Canada Occupational Health and Safety Regulations. The Regulations impose a number of new requirements on employers in the federal sector, some of which must be undertaken in order to develop and implement a Workplace Harassment and Violence Prevention Policy compliant with the Regulations.
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Attention Federal Employers: The Workplace Harassment and Violence Prevention Regulations Are Now In Effect -
Matthews v. Ocean Nutrition Canada Ltd. – Roper Greyell Update
December 15, 2020
Keeping the faith, for now: the Supreme Court of Canada maintains the status quo on the duty of good faith, but leaves the door ajar for future claims.
This past fall, the Supreme Court of Canada (“SCC”) released a much anticipated decision dealing with a number of important employment law issues: Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26 (“Matthews”).
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Matthews v. Ocean Nutrition Canada Ltd. – Roper Greyell Update -
Bill C-11: Federal Government Proposes Overhaul of Canada’s Federal Privacy Laws
November 25, 2020
On November 17, 2020, the Honourable Navdeep Bains, Minister of Innovation, Science and Industry, tabled Bill C-11, the Digital Charter Implementation Act, 2020 (the “Act”), which aims to overhaul Canada’s federal data privacy law. If passed, the bill would repeal the privacy provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) and introduce new obligations for private-sector organizations and new enforcement regimes.
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Bill C-11: Federal Government Proposes Overhaul of Canada’s Federal Privacy Laws -
B.C. Human Rights Tribunal Confirms No Family Status Discrimination When Employee is Required to Travel to Work: The End of the Suen v. Envirocon Environmental Services Saga
November 16, 2020
In what is expected to be the final chapter of the Suen v. Envirocon Environmental Services saga, the B.C. Human Rights Tribunal has followed the lead of the B.C. Court of Appeal and dismissed the complaint of discrimination in employment on the basis of family status which Brian Suen filed against his former employer, Envirocon Environmental Services, ULC, a number of years ago.
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B.C. Human Rights Tribunal Confirms No Family Status Discrimination When Employee is Required to Travel to Work: The End of the Suen v. Envirocon Environmental Services Saga -
Forum Selection Clauses
November 12, 2020
Earlier this year, the BC Court of Appeal released Schuppener v. Pioneer Steel Manufacturers Ltd., 2020 BCCA 19, a decision which clarifies the law regarding forum selection clauses. Although not an employment or labour law decision, Schuppener is a case of particular relevance to employers which conduct business across provincial or international borders and want certainty as to the jurisdiction in which any litigation regarding those employment contracts will occur.
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Employer Obligations on General Voting Day: 2020 Provincial General Election
September 30, 2020
A Provincial General Election will take place in British Columbia on Saturday, October 24, 2020 (“General Voting Day”).
The B.C. Election Act imposes certain obligations on employers to ensure that their employees have sufficient time free from work to exercise their right to vote. As a service to our clients and other interested parties, we are publishing this bulletin to help employers understand the scope of these obligations.
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Employer Obligations on General Voting Day: 2020 Provincial General Election -
A New Framework for North American Labour Rights: The Future Impact of Chapter 23 of the USMCA
August 20, 2020
While Canadian businesses are still reacting to changes wrought by the COVID-19 pandemic, the coming into force of the United States-Mexico-Canada Agreement (the “USMCA”) on July 1st, 2020 may have an equally significant impact on recovery and expansion goals throughout this decade.
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A New Framework for North American Labour Rights: The Future Impact of Chapter 23 of the USMCA