Resources: Employment

COVID-19-Related Misconduct is Nothing to Sneeze At

In a decision issued on May 10, 2021[1], Arbitrator Paul Love dismissed a discipline grievance related to COVID-19-related misconduct.  The discipline was issued at a time when, in the words of the arbitrator, “there was a dearth of arbitral jurisprudence” with respect to such misconduct.

Read More +

Paid COVID-19 Leave Now, and Paid Sick Leave in 2022

Bill 13 Employment Standards Amendment Act (No. 2), 2021 (“Bill 13”) received Royal Assent on May 20, 2021. Bill 13 is an amendment to the British Columbia Employment Standards Act (the “ESA”) and does two things:

Read More +

WorkSafeBC Decisions Provide Clarification Regarding Employer Actions Related to COVID-19 Safety

Two recent WorkSafeBC cases provide guidance regarding unacceptable worker actions in the context of the COVID-19 pandemic and related health and safety issues. Both cases dealt with prohibited action complaints brought by a dismissed worker against a former employer under sections 47 to 50 of the B.C. Workers Compensation Act.

Read More +

Employee Reinstated Despite “Ongoing Pattern of Disrespect” for Employer’s COVID-19 Safety Protocols

Previously printed in the LexisNexis Labour Notes Newsletter. 

In the recent decision of Trillium Health Partners v. CUPE, Loc. 5180, 2021 CanLII 127 (Jesin), an Ontario arbitrator, Norm Jesin, reinstated an employee to employment after he was suspended and subsequently discharged for failing to adhere to the employer’s COVID-19 safety protocols.

Read More +

COVID-19 Update – March 26, 2020 – B.C. Bulletin

On the morning of March 26, 2020, Premier John Horgan and Mike Farnworth, the Minister of Public Safety and Solicitor General, announced the provincial government would use extraordinary powers available pursuant to the Emergency Program Act to ensure a coordinated response to COVID-19 across all levels of government.  This memorandum addresses this major development in the COVID-19 crisis which will be of significance to employers operating in B.C.

Read More +

Bill 30, Employment Standards (Serious Illness or Injury Leave) Amendment Act: BC Government Proposes 27-Week Serious Illness or Injury Leave for Employees

On October 20, 2025, the BC Legislature introduced Bill 30, Employment Standards (Serious Illness or Injury Leave) Amendment Act. If passed, Bill 30 will amend the Employment Standards Act (the “ESA”) to provide employees with up to 27 weeks of unpaid leave within a 52-week period due to serious illness or injury (the “Serious Illness or Injury Leave”).

Read More +

Retirement Offers: When Are They Binding?

In the B.C. Supreme Court case of Pringle v. Ritchie-Smith Feeds Inc., 2025 BCSC 1211, the Court provided clarity on what is required to make a retirement final and binding.

Read More +

BC Employment Standards Tribunal Awards “Service Charges” as Gratuities to Employees

Star Limousine Service Ltd. (“Star”) is a limousine business operating in Vancouver, British Columbia.

In 2022, two limousine drivers filed separate complaints against Star for unlawfully withholding gratuities in contravention of section 30.3 of the Employment Standards Act, R.S.B.C. 1996, c. 113 (the “ESA”).

Read More +

Employer Held Responsible for Health Agent’s Improper Diagnoses Resulting in Privacy Breaches

In ATCO Electric Ltd. v. Canadian Energy Workers’ Assn. (Concerning Drug and Alcohol Testing Grievance), [2024] A.G.A.A. No. 49 (applications for review dismissed, 2025 ALRB 93), Arbitrator James Casey ordered $12,500 in damages for breach of privacy related to a misdiagnosis of a Substance Use Disorder by an employer health agency.  The misdiagnosis had resulted in wage loss and two years of random testing for the employee.

Read More +

COVID-19 Update – March 18, 2020

British Columbians, as with people the world over, are in uncharted territory.  This crisis is unprecedented.  Schools, business and government buildings throughout the country are closed down, multiple provinces have declared states of emergency, and our leaders are holding press conferences to update us on the situation as it develops, seemingly by the hour.

Read More +