Resources: Employment

British Columbia Law Institute Publishes Report on the Employment Standards Act: Changes to BC Employment Standards Anticipated in 2019

On December 10, 2018, the British Columbia Law Institute published its 300 page report on reforming the BC Employment Standards Act .

We expect the report’s recommendations will likely provide the framework for legislative change in 2019. Here, we summarize some of the more notable points.

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“It Don’t Matter If You’re Black Or White”*… It’s Illegal to Discriminate

In 1991, Michael Jackson’s hit single, “Black or White”, topped the Billboard Hot 100 just three weeks after its release.  Perhaps it was the universally positive anti-racism message, as much as the music itself that propelled its popularity.  Regardless, one would have thought that by 2018 it would have been well understood that the fact that an employee was white/Caucasian does not create a defence for an employer’s racist conduct.  Sadly, Spruce Hill Resort and Kin Wa Chan must not have been Michael Jackson fans.

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Breach of Telecommute Agreement Resulted in Constructive Dismissal: Hagholm v. Coreio Inc., 2017 ONSC 7713, varied 2018 ONCA 633

The Ontario Court of Appeal recently affirmed a decision of the Ontario Superior Court of Justice which found that an employee had been constructively dismissed when the employer revoked her telecommute agreement and arbitrarily reduced her annual bonus.

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Government of Canada Introduces Major Changes to Canada Labour Code and Creates Federal Pay Equity Obligations

Recently, the Federal Government tabled, for first reading, Bill C-86 that, assuming it passes in its current form, will (i) significantly alter federally regulated employers’ obligations under the Canada Labour Code and (ii) create a new federal pay equity regime.  A flavour of the key changes included in Bill-C-86 is provided here.

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Candour in the Context of Employment References: A Review of Kanak v. Riggin, 2018 ONCA 345

The Ontario Court of Appeal recently upheld an important lower court finding that employers can be shielded from liability for giving negative employment references.

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An Employer’s Duty to Provide a Discrimination-Free Workplace

A recent B.C. Human Rights Tribunal decision serves to remind employers of their duty to provide a discrimination-free workplace.

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The B.C. ESA has Changed: What’s New and What’s Coming

B.C.’s NDP government recently moved forward with some significant changes to the province’s Employment Standards Act (“ESA”).  The minimum wage and some statutory leaves of absence have been increased, and these changes are merely the start:  further and far reaching amendments to the ESA are expected in the near future.

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Have I Constructively Dismissed an Employee by Putting Them on Unpaid Administrative Suspension?

A recent decision from the Ontario Court of Appeal confirmed that suspending an employee without pay (i.e. an “administrative suspension”), including while the employer conducts an investigation, can constitute constructive dismissal. The Court provided guidance on when and how employees can be placed on suspension during an employer’s investigation.

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Consider This: A Fresh Look at the Legal Need for Consideration

The B.C. Court of Appeal may recently have offered an answer to a question that has always vexed employers: why must employers provide their employees with something in exchange for a minor contract modification? The short answer is that they may no longer have to.

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Back To School — Does Retraining Count As Reasonable Mitigation Of Damages?

In Benjamin v. Cascades Canada ULC, 2017 ONSC 2583, the plaintiff had worked as an unskilled labourer with the defendant company for 28 years.  The company had eliminated all of its production functions at one of its plant locations, resulting in the dismissal of 41 employees, including the plaintiff.

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