Resources: Employment
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Lessons from Selling Sunset, Part Three: Workplace Relationships
December 5, 2022
What better way to end our three-part series on employment law lessons learned from watching Netflix’s Selling Sunset than to talk about romantic relationships in the workplace. As always, there are spoilers ahead.
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Lessons from Selling Sunset, Part Three: Workplace Relationships -
Expiry of Maximum Layoff Period Without Cause Termination: CERB Deducted from Damages
November 30, 2022
Angelo Luna Nicolas was a long-service employee at the Pan Pacific Hotel Vancouver, working as a house-person for 32 years with the hotel. He had a half-page letter confirming his employment, and it did not contain any language limiting or restricting severance or the notice period upon termination.
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Expiry of Maximum Layoff Period Without Cause Termination: CERB Deducted from Damages -
‘Tis the Season to Avoid Folly: Treats and Tidbits for a Successful Christmas or Holiday Party
November 28, 2022
Employers that organize and host Christmas or holiday parties and similar work-related social events have a number of legal responsibilities. They can be held liable for not taking adequate precautions to protect their employees from foreseeable and preventable harm.
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‘Tis the Season to Avoid Folly: Treats and Tidbits for a Successful Christmas or Holiday Party -
Sex and Family Status Discrimination Substantiated by Employer’s Preference for Replacement Employee
November 23, 2022
In LaFleche v. NLFD Auto Ltd. dba Prince George Ford (No. 2), 2022 BCHRT 88, the BC Human Rights Tribunal (the “Tribunal”) awarded $78,625 to a complainant after finding that she suffered a work-related disadvantage because she was pregnant.
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Sex and Family Status Discrimination Substantiated by Employer’s Preference for Replacement Employee -
Oppression Remedy, Wrongful Dismissal, Corporate Reorganisations
November 8, 2022
In Wisser v. CEM International Management Consultants Ltd. 2022 ABQB 414, Alberta Court of Queen’s Bench (as it then was) confirmed the oppression remedy can ground liability for non-employer corporations and their directors, where the corporate restructuring’s purpose is to avoid wrongful dismissal liability.
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Oppression Remedy, Wrongful Dismissal, Corporate Reorganisations -
Arbitrator Confirms Precautionary Approach Appropriate in Times of Scientific Uncertainty
October 26, 2022
On July 11, 2022, Arbitrator Randy Noonan released his decision in Coca Cola Canada Bottling Inc. -and- Teamsters Local 213, B.C.C.A.A.A. No. 69 (Noonan). It concerned the reasonableness of Coca Cola’s mandatory vaccination policy (the “Vaccination Policy”). Although the policy is a national one, the dispute before the arbitrator related to the unionized hourly employees working out of four sites in the Lower Mainland of British Columbia.
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Arbitrator Confirms Precautionary Approach Appropriate in Times of Scientific Uncertainty -
BC Supreme Court Weighs in on Mandatory COVID-19 Vaccination Policies
September 29, 2022
On September 27, 2022, the BC Supreme Court released its decision in Parmar v. Tribe Management Inc., 2022 BCSC 1675 (“Parmar”). This is the first time the BC Supreme Court has directly weighed in on the validity of mandatory COVID-19 vaccination policies in non-unionized workplaces and was a much-awaited decision for many employers and employees in British Columbia who are involved in similar litigation.
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BC Supreme Court Weighs in on Mandatory COVID-19 Vaccination Policies -
Refusal of Unsafe Work
September 27, 2022
The right to refuse unsafe work is one of the core protections extended to workers in BC by Occupational Health and Safety Regulation (“OHS Regulation”) pursuant to the Workers’ Compensation Act (the “WCA”). Effective August 22, 2022 amendments to Part 3 of the OHS Regulation introduced new employer responsibilities relating to the reassignment of work following a refusal of unsafe work.
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Lessons From Selling Sunset, Part Two: Workplace Gossip
September 16, 2022
It’s time for the second instalment in our three-part series on employment law lessons learned from watching Netflix’s Selling Sunset. As always, there are spoilers ahead, so proceed with caution.
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Lessons From Selling Sunset, Part Two: Workplace Gossip -
Federal and BC Governments Announce Day of Mourning on September 19, 2022: What Does this Mean for Employers?
September 14, 2022
In a statement released yesterday, the federal government announced that September 19, 2022 will be a National Day of Mourning in Canada. This follows the passing of Her Majesty Queen Elizabeth II on September 8, 2022 and coincides with the State Funeral being held in London. The federal government also encouraged provinces to provide similar direction for provincially regulated employers.
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Federal and BC Governments Announce Day of Mourning on September 19, 2022: What Does this Mean for Employers?