Resources: Employment

Forum Selection Clauses

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

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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A New Framework for North American Labour Rights: The Future Impact of Chapter 23 of the USMCA

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 1^st, 2020 may have an equally significant impact on recovery and expansion goals throughout this decade.

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Changes to the Workers Compensation Act Now in Effect

Bill 23, which introduces significant changes to the Workers Compensation Act (the “Act”), received royal assent on August 14, 2020. The Act contains 34 provisions including changes relating to compensation, assessment, and occupational health and safety matters. Bill 23 was tabled by Minister of Labour, Harry Bains, on  July 14, 2020, and was previously discussed in our July 21,2020, update.

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B.C. Government Proposes Significant Changes to the Workers Compensation Act

On July 14, 2020, the Minister of Labour tabled Bill 23, Workers’ Compensation Amendment Act, 2020 which proposed a number of significant changes to the Workers Compensation Act, RSBC 2019, c. 1 (the “Act”).  The Act itself was already revised significantly earlier this year in an organizational revision which primarily reorganized the provisions and made minor alterations to wording.

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Refusal of Unsafe Work: Lessons Learned From SARS

As British Columbia moves from Phase 2 into Phase 3 of its Restart Plan, employees will increasingly be asked to return to work and resume work as before – subject of course to the requirements and recommendations of the government, public health authorities and WorkSafeBC.

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B.C. Human Rights Tribunal Reaffirms Requirements of Campbell River Test in Recent Family Status Discrimination Case

In Ziegler v. Pacific Blue Cross (No. 2), 2020 BCHRT 125, the B.C. Human Rights Tribunal dismissed a complaint made by a former employee claiming the employer had failed to accommodate her childcare needs. The case represents one of the first instances of the Tribunal applying the “Campbell River test” for discrimination in employment on the basis of family status following the confirmation of that test in Envirocon Environmental Services, ULC v. Suen, 2019 BCCA 46.

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Sunset Clause Couldn’t Save Employee From Consequences

In a recent B.C. case, Mission Hill Winery v. Service Employees International Union Local 2, Branch 300 (Crozier Grievance), [2019] B.C.C.A.A.A. No. 130 (Glass), Arbitrator Nicholas Glass upheld the discharge of an employee who made a major mistake – not once but twice — in spite of the presence of a sunset clause prohibiting consideration of disciplinary action within a particular timeframe.

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COVID-19 Update – March 27, 2020

On the morning of March 27, 2020, Prime Minister Justin Trudeau announced a series of significant measures designed to help certain employers weather the storm of the COVID-19 pandemic. The Department of Finance also published a Backgrounder, which provides further detail on certain of these measures. While many of the key details are pending (we understand that further details are set to be released between now and Monday, March 30, 2020), employers should be aware of these measures, and start to consider how these measures may impact their plans as they continue to navigate these challenging times.

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COVID-19 Update – March 26, 2020 – Federal Bulletin

This bulletin addresses the new COVID-19 leave of absence of up to 16 weeks’ duration that is now included in the Canada Labour Code. The leave is available to employees of federally regulated employers who are unable or unavailable to work for reasons related to COVID-19.  There may be additional changes of interest to you in the amendments but a high-level summary of the new leave is set out below.

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