Resources: Labour
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Arbitration Decision Confirms that Seniority Rights are Contractual, not Inherent
January 8, 2021
A recent arbitration award confirms that seniority ‘rights’ are not inherent, but rather must be found in a collective agreement in order to be enforceable, will be of interest to all employers who operate unionized workplaces.
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Bill C-11: Federal Government Proposes Overhaul of Canada’s Federal Privacy Laws
November 25, 2020
On November 17, 2020, the Honourable Navdeep Bains, Minister of Innovation, Science and Industry, tabled Bill C-11, the Digital Charter Implementation Act, 2020 (the “Act”), which aims to overhaul Canada’s federal data privacy law. If passed, the bill would repeal the privacy provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) and introduce new obligations for private-sector organizations and new enforcement regimes.
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Forum Selection Clauses
November 12, 2020
Earlier this year, the BC Court of Appeal released Schuppener v. Pioneer Steel Manufacturers Ltd., 2020 BCCA 19, a decision which clarifies the law regarding forum selection clauses. Although not an employment or labour law decision, Schuppener is a case of particular relevance to employers which conduct business across provincial or international borders and want certainty as to the jurisdiction in which any litigation regarding those employment contracts will occur.
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BC Human Rights Tribunal Confirms Bona Fide Employee Insurance Plans Are Not Discriminatory
October 15, 2020
British Columbia’s Human Rights Code[1] (“Code”) prohibits an employer from discriminating against an employee on the basis of certain protected characteristics with respect to employment or any term or condition of employment. However, section 13(3)(b) of the Code exempts bona fide employee insurance plans and other specified plans from allegations of discrimination on the grounds of marital status, physical or mental disability, sex and age.
[1] Human Rights Code, R.S.B.C. 1996, c. 210.
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Employer Obligations on General Voting Day: 2020 Provincial General Election
September 30, 2020
A Provincial General Election will take place in British Columbia on Saturday, October 24, 2020 (“General Voting Day”).
The B.C. Election Act imposes certain obligations on employers to ensure that their employees have sufficient time free from work to exercise their right to vote. As a service to our clients and other interested parties, we are publishing this bulletin to help employers understand the scope of these obligations.
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If You Want to Collect and Use Employee Personal Information for Disciplinary Purposes, You Better Make Sure It’s Done Properly Or You Could Be Liable for Damages
September 17, 2020
In a preliminary decision, a B.C. arbitrator confirmed his authority to award damages for an employer’s breach of the provisions of B.C.’s Personal Information Protection Act (“PIPA”) relating to the collection and use of employee personal information.
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A New Framework for North American Labour Rights: The Future Impact of Chapter 23 of the USMCA
August 20, 2020
While Canadian businesses are still reacting to changes wrought by the COVID-19 pandemic, the coming into force of the United States-Mexico-Canada Agreement (the “USMCA”) on July 1st, 2020 may have an equally significant impact on recovery and expansion goals throughout this decade.
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Changes to the Workers Compensation Act Now in Effect
August 19, 2020
Bill 23, which introduces significant changes to the Workers Compensation Act (the “Act”), received royal assent on August 14, 2020. The Act contains 34 provisions including changes relating to compensation, assessment, and occupational health and safety matters. Bill 23 was tabled by Minister of Labour, Harry Bains, on July 14, 2020, and was previously discussed in our July 21,2020, update.
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B.C. Government Proposes Significant Changes to the Workers Compensation Act
July 21, 2020
On July 14, 2020, the Minister of Labour tabled Bill 23, Workers’ Compensation Amendment Act, 2020 which proposed a number of significant changes to the Workers Compensation Act, RSBC 2019, c. 1 (the “Act”). The Act itself was already revised significantly earlier this year in an organizational revision which primarily reorganized the provisions and made minor alterations to wording.
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