Resources: Employment

Union Ordered to pay $500,000 for Making Defamatory Statements About Employer

In Civeo Corporation v. Unite Here, Loc. 40 (Employer Defamation Grievance), [2022] B.C.C.A.A.A. No. 39 (Glass), Civeo Corporation (the “Employer”) filed an employer grievance alleging that Unite Here, Loc. 40 (the “Union”) made defamatory statements and committed other breaches of the collective agreement.

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Lessons from Selling Sunset, Part One: Work Parties

Before we launch into our three-part series on employment law lessons learned from watching Netflix’s Selling Sunset, we note that there are spoilers ahead, so proceed accordingly.

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British Columbia Exemption from the Controlled Drugs and Substances Act: Considerations for Employers

As of January 31, 2023, an exemption to the Controlled Drugs and Substances Act, S.C. 1996, c. 19 (the “Act”) will allow adults in B.C. to possess small amounts of certain controlled substances without the risk of criminal charges.

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Test for Employee Not Necessarily Limited to Single Test

Some legal questions are never “answered” — no matter how frequently they are litigated, they come up again and again. In the world of employment law, few questions are as timeless (or important) as whether an individual is an employee or independent contractor.

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Unexpected Costs of Employee Relocation

Recently, in Nowlan v. Canada (Attorney General) 2022 FCA 83, the Federal Court of Appeal considered an employer’s duties towards employees in the event of employee transfers.

In that case, the court reviewed a decision of the Federal Public Service Labour Relations and Employment Board in which the board determined that a government employee who had requested a transfer for personal reasons was owed relocation expenses pursuant to a collective agreement directive.

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Caution to Dismissed Employees: Stay in Your Own Lane

Okano v. Cathay Pacific Airways Ltd., 2022 BCSC 881 is a recent B.C. Supreme Court decision that provides guidance on an employee’s duty to reasonably mitigate his or her damage or losses on termination of employment.

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Online Workplace Communication Requires Specific Harassment Policies

Remote workers are able to connect with the office and one another using various instant messaging platforms.

While technology allows for flexibility at work, it can also become a forum for conflict and even harassment.  Employers with remote workers — or any employees who regularly communicate online — should consider implementing policies that address online bullying.

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What’s Stopping Me From Moving to Costa Rica and Not Telling My Boss?

Imagine you are on a nice sunny beach, feeling the warm ocean breeze on your face, and listening to the soothing sound of … an Outlook e-mail notification!?!? Due to the COVID-19 pandemic, remote work has become the norm for many, particularly for those in the tech sector. With Canadian travel restrictions easing and many seeking to improve their mental well-being by escaping their home offices, employees are thinking about working from abroad for short and extended periods.

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Issue Estoppel

Employment litigation is rarely straightforward and employers must be prepared to deal with claims in multiple forums, including in civil court and before administrative tribunals responsible for interpreting and applying human rights, workers compensation and privacy law (to name a few).

When faced with a volley of different but related claims, it can be tempting to focus all of your attention on the claim which represents the biggest threat.  That would be a mistake — while you should strategically allocate resources, it is crucial to keep all actual or potential claims in mind because decisions in one forum could be relied upon in another.

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There’s an App for That!

Many of us use applications (apps) in our daily lives – but what happens when an employer uses an app to manage its workforce?

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