Resources: Employment
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Sunset Clause Couldn’t Save Employee From Consequences
April 2020
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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Sunset Clause Couldn’t Save Employee From Consequences -
COVID-19 Update – March 27, 2020
March 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 27, 2020 -
COVID-19 Update – March 26, 2020 – Federal Bulletin
March 2020
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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COVID-19 Update – March 26, 2020 – Federal Bulletin -
COVID-19 Update – March 25, 2020
March 2020
On the morning of March 25, 2020, the first wave of federal COVID-19 legislation, An Act respecting certain measures in response to COVID-19 (the “COVID-19 Act”) was passed by the Senate and received Royal Assent. This omnibus legislation provides for a number of legislative changes that will impact employers and employees.
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COVID-19 Update – March 25, 2020 -
COVID-19 Update – March 24, 2020
March 2020
On March 23, 2020, the B.C. Legislature passed amendments to the B.C. Employment Standards Act, and last week, WorkSafeBC published a series of recommendations to employers and employees navigating the COVID-19 pandemic. This memorandum addresses these, and other, recent developments that will be of significance to employers operating in B.C. and elsewhere.
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COVID-19 Update – March 24, 2020 -
COVID-19 Update – March 19, 2020
March 2020
The purpose of this March 19, 2020 bulletin is to provide additional COVID-19 information to employers regarding Employment Insurance benefits, the federal stimulus package of $82 billion, and new provincial job-protected leaves of absence.
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COVID-19 Update – March 19, 2020 -
How to Make One Year’s Salary Without Working a Single Day
February 2020
In its recent decision in Quach v. Mitrux Services Ltd., 2020 BCCA 25 [Quach], the BC Court of Appeal offered some helpful guidance and clarity on several important employment law issues, in particular relating to fixed-term employees.
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How to Make One Year’s Salary Without Working a Single Day -
Saucy Tweet Results in For Cause Termination of Employee
February 2020
Fastenal Canada terminated B.C. employee Hussien Mehaidi for expressing his outrage on Twitter for the company’s Christmas gift of Gets Sauced BBQ sauce and a company
branded wooden scraper. Mehaidi tweeted from an anonymous account with zero followers a tweet which read: “what kind of multi-billion dollar company gifts its Canadian employees barbecue sauce as a holiday gift? Yet the USA employees stuff their face with an actual holiday gift box!”Read More +
Saucy Tweet Results in For Cause Termination of Employee -
Coronavirus: Information Bulletin for Employers
January 2020
As of today’s date, January 28, 2020, more than 100 people have died from the Wuhan coronavirus – a novel (new) coronavirus – and more than 4,500 others have been infected. A warning has been issued to travellers to avoid all non-essential travel to China and cases of infection have been reported in countries other than China, including Japan, South Korea, Taiwan, Thailand and the United States.
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Coronavirus: Information Bulletin for Employers -
Ontario Court of Appeal Refuses to Recognize Freestanding Tort of Harassment
January 2020
In Merrifield v. Canada (Attorney General), 2019 ONCA 205, the plaintiff was a longstanding member of the RCMP who alleged that his supervisors had discriminated against him for years. The strained relationship began when the plaintiff had run for public office. He was considered to be in a potential conflict of interest following his investigation of threats against a political rival.
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Ontario Court of Appeal Refuses to Recognize Freestanding Tort of Harassment