Resources: Labour
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Collective Bargaining for Managers – An Alternate Universe?
July 5, 2024
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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Collective Bargaining for Managers – An Alternate Universe? -
BC Court of Appeal Confirms Canada Labour Code Termination Clause is Enforceable
July 2, 2024
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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BC Court of Appeal Confirms Canada Labour Code Termination Clause is Enforceable -
Amendment to BC Labour Relations Code Increases Risks for Supply Chain and Businesses in BC During Federal Work Stoppages
April 29, 2024
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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Amendment to BC Labour Relations Code Increases Risks for Supply Chain and Businesses in BC During Federal Work Stoppages -
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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Jurisdictional Issues in Maritime Employment Law -
Watch Your Back: Employee Ordered to Pay $112,320 in Damages for Soliciting His Employer’s Client
February 2, 2024
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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Watch Your Back: Employee Ordered to Pay $112,320 in Damages for Soliciting His Employer’s Client -
No Free Lunch: Just Cause Dismissal Upheld in the Case of Misconduct and the Employee’s Dishonesty in the Investigation of that Misconduct
December 5, 2023
In Mechalchuk v. Galaxy Motors (1990) Ltd., 2023 BCSC 635, the B.C. Supreme Court upheld the just cause dismissal of an employee who had: (1) submitted receipts which he suggested to be business-related but he knew to be personal expenses; and (2) perpetuated his dishonesty during the employer investigation which ensued.
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No Free Lunch: Just Cause Dismissal Upheld in the Case of Misconduct and the Employee’s Dishonesty in the Investigation of that Misconduct -
Right to Union Representation During an Investigation Process
October 24, 2023
In Vancouver (City) Fire and Rescue Services v. Vancouver Firefighters’ Union, [2022] B.C.C.A.A.A. No. 85 (Saunders), Arbitrator Ken Saunders considered an employee’s right to union representation during an investigation process, including the right to remain silent pending the provision of representation.
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Right to Union Representation During an Investigation Process -
B.C. Pay Transparency Act – Update
October 27, 2023
The Pay Transparency Regulation, B.C. Reg. 225/2023 is now available and provides more information about the pay transparency reports that are required under the new legislation. [1]
[1] Pay transparency reports will be required for organizations with 50 or more employees.
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B.C. Pay Transparency Act – Update -
Doctrine of Res Judicata: Applied with Reference to the Context
September 6, 2023
In the recent case of Kurik v. CAS Ventures Ltd, 2023 BCSC 488, the B.C. Supreme Court considered the doctrine of res judicata in the context of related claims – one being pursued in the courts and the other having already been pursued before the B.C. Employment Standards Tribunal. The Court ultimately declined to strike the pleadings on the basis of res judicata, and allowed the civil claim to continue.
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Doctrine of Res Judicata: Applied with Reference to the Context -
Employer Response to Racial Slur Found Reasonable by Human Rights Tribunal
August 11, 2023
A recent BC human rights case demonstrates the importance of employers taking meaningful action in response to complaints of racial harassment.
In Raul Martinez Johnson v. Whitewater Concrete Ltd. and Matias Pacheco and Miguel Pacheco and Nicolas Pacheco (No. 2), 2022 BCHRT 129, the employer’s response to a complaint eliminated an award of lost wages, despite a finding of discrimination.
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Employer Response to Racial Slur Found Reasonable by Human Rights Tribunal