Resources: Labour

  • Amendments to BC ESA Require All Employers to Provide National Day for Truth and Reconciliation Regardless of Collective Agreement Language

    May 16, 2023

    by Brandon Hillis

    On March 9, 2023 and as summarized in a previous article, the Provincial Government of British Columbia passed Bill 2, which recognizes National Day for Truth and Reconciliation (“NDTR”) on September 30th of each year as a statutory holiday. At the time, we advised that for employers with a unionized workplace, the effect of Bill 2 would vary based on collective agreement language, as statutory holidays are subject to a ‘meet or exceed’ test under the B.C. Employment Standards Act.

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  • Show Me The Money

    May 5, 2023

    by Janna Crown

    British Columbia’s Minister of Finance introduced Bill 13, the Pay Transparency Act on March 7, 2023 (“Bill 13”). Bill 13 received its third reading in the BC legislature on April 25, 2023 and received Royal Assent on May 11, 2023 with the exception of section 2 of the Act, which will pass into law on November 1, 2023. Regulations are expected to be drafted over the summer of 2023.

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  • Modern Family (Status): Court of Appeal Clarifies Test for Family Status Discrimination in B.C.

    April 24, 2023

    by Janna CrownBrandon HillisJaime H. HoopesJames D. Kondopulos

    A five-justice division of the B.C. Court of Appeal has just issued an important, unanimous decision on the applicable test to address claims of discrimination in employment with respect to family status (caregiving obligations).

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  • Just Cause “Cancellation”?

    April 18, 2023

    by Rebecca Klass

    Ever since the #MeToo movement, “cancel culture” has gained momentum, seeking to hold individuals accountable for abuses of power as well as sexual harassment and assault – in both the past and present. The decision in Ottawa Jewish Community School Teachers’ Assn. v. Ottawa Jewish Community School (Cianni Grievance), 2022 O.L.A.A. No 113 (Tremayne) examines the trend of “cancelling” individuals for past misconduct in the context of a just cause termination.

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  • Arbitrator Allows Religious-Based Exemption From Covid-19 Mandatory Vaccination Policy

    April 11, 2023

    by Gabrielle Berron-Styan

    In the recent case of B.C. Rapid Transit Co. v. Canadian Union of Public Employees, Local 7000 (Morzhakov Grievance), [2022] B.C.C.A.A.A. No. 114 (Noonan), Arbitrator Randall Noonan held that an employer violated an employee’s rights under the B.C. Human Rights Code when it refused to grant a religious accommodation in relation to its COVID-19 mandatory vaccination policy.

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  • British Columbia Passes Legislation Recognizing National Day for Truth and Reconciliation as a Statutory Holiday

    March 28, 2023

    by Andrew Peng

    On March 9, 2023, Bill 2, the National Day for Truth and Reconciliation Act, received royal assent. Bill 2 recognizes National Day for Truth and Reconciliation (“NDTR”) on September 30 of each year as a statutory holiday.

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  • Failure to Launch: A Cautionary Tale for Employers Arising from Chu v. China Southern Airlines Co. (c.o.b. China Southern Airlines), 2023 BCSC 21

    February 8, 2023

    by Brandon HillisJaime H. Hoopes

    The British Columbia Supreme Court recently issued a scathing decision that serves as a warning to all employers about what not to do when purporting to terminate an employee for just cause.

    Overall, the employer’s actions attracted $150,000 in aggravated, punitive and bad faith damages, approximately three times the value of the wrongful dismissal damages (i.e. severance) awarded.

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  • Spotlight on Section 64 – Group Terminations

    February 3, 2023

    by Paige Ainslie

    On January 6 and 9 2023, two unrelated decisions were released dealing with s. 64 (Group Terminations) of the BC Employment Standards Act (“ESA”).

    The first was a decision from the BC Supreme Court, which addressed an argument that a termination clause in the employment agreement of a non-union employee was unenforceable because it did not refer to the group notice requirements of s. 64.

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  • Significant Changes Coming in 2023 for BC’s Freedom of Information and Protection of Privacy Act

    December 6, 2022

    by Jordan Michaux

    The Provincial government has recently confirmed the latest in a series of long-anticipated and significant changes to BC’s Freedom of Information and Protection of Privacy Act (“FIPPA”). As of February 1, 2023, two new sections of FIPPA and associated regulations will come into force.

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  • Lessons from Selling Sunset, Part Three: Workplace Relationships

    December 5, 2022

    by Katelin DueckMike Hamata

    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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