Resources: Labour

Employer Obligations During Provincial Elections

A provincial election has been called in British Columbia.

This bulletin provides a brief overview of employer obligations to employees during advanced voting and on the final voting day.

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Health Spending Accounts Not Sufficient to Meet ESA Sick Leave Requirements

A British Columbia arbitral decision is the most recent in a developing line of authority cautioning BC employers that sick days conferred under the Employment Standards Act, R.S.B.C. 1996, c. 113 (the “ESA”) may be qualitatively different than sick leave benefits under a collective agreement.

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Good Accommodation Gone Wrong

In United Nurses of Alberta v. Alberta Health Services (MacKinnon Grievance), [2023] A.G.A.A. No. 10 (Asbell), the majority of an arbitration board awarded $10,000 in injury to dignity (human rights) damages for an employer’s failure to consistently and proactively accommodate a neurodivergent employee.

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Collective Bargaining for Managers – An Alternate Universe?

On April 19, 2024 the Supreme Court of Canada published its decision in Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec 2024 SCC 13, As far as I can tell, it did not get much fanfare in labour relations circles.

Although the case arose in Quebec under the Quebec Labour Code, CQLR, c. C-27 the court’s reasoning will apply to provincial labour legislation across the country and to the Canada Labour Code.

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BC Court of Appeal Confirms Canada Labour Code Termination Clause is Enforceable

In welcome news for employers, the B.C. Court of Appeal in Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222, has confirmed that a termination clause that incorporates the requirements of the Canada Labour Code by reference is enforceable and sufficient to displace the common law presumption of reasonable notice.  In doing so, the Court commented on conflicting decisions in other provinces and restated important principles of employment contract interpretation.  This case is important for employers in British Columbia and for federally-regulated employers in all provinces because the common law presumption of reasonable notice usually results in severance awards that far exceed the minimum notice and severance obligations under applicable employment standards legislation.

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Amendment to BC Labour Relations Code Increases Risks for Supply Chain and Businesses in BC During Federal Work Stoppages

Under the unassuming title – Bill 9, Miscellaneous Statutes Amendment Act, 2024 – the BC government has introduced a set of small but significant changes (the “Amendment”) to the BC Labour Relations Code (the “Code”). Specifically, it has amended the definition of “strike” and “person” under the Code so that, as explained in the information bulletin published on March 11, 2024.

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Jurisdictional Issues in Maritime Employment Law

The Federal Court of Canada’s recent decision in Konteft v. Lower Lakes Towing Ltd., 2024 FC 96 (CanLII) confirms that maritime employment law requires careful consideration of jurisdictional issues.

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Watch Your Back: Employee Ordered to Pay $112,320 in Damages for Soliciting His Employer’s Client

In Catch Engineering Partnership v. Mai, 2023 ABKB 279, the Alberta Court of King’s Bench awarded $112,320 in damages against a former employee who breached the non-solicitation provisions in his employment agreement.

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Update on Five Paid Sick Days Under Employment Standards Act

The New Year brought employers in British Columbia a requirement to provide their employees with five paid sick (illness or injury) days. Since the requirement came into effect on January 1, 2022, we have been fielding questions about the implementation of the five paid sick days in the workplace. Below we highlight some of our more frequently asked questions.

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Arbitrators Consider Vaccination Policies

In the past few weeks, arbitrators have begun to issue decisions considering the reasonableness of COVID-19 vaccination policies in unionized workplaces. The following three decisions out of Ontario provide some key takeaways for employers.

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