Resources

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

    December 6, 2022

    by Keri L. BennettJordan 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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  • Expiry of Maximum Layoff Period Without Cause Termination: CERB Deducted from Damages

    November 30, 2022

    by Janna CrownMike Hamata

    Angelo Luna Nicolas was a long­-service employee at the Pan Pacific Hotel Vancouver, working as a house-person for 32 years with the hotel. He had a half-page letter confirming his employment, and it did not contain any language limiting or restricting severance or the notice period upon termination.

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  • ‘Tis the Season to Avoid Folly: Treats and Tidbits for a Successful Christmas or Holiday Party

    November 28, 2022

    by James D. Kondopulos

    Employers that organize and host Christmas or holiday parties and similar work-related social events have a number of legal responsibilities. They can be held liable for not taking adequate precautions to protect their employees from foreseeable and preventable harm.

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  • Sex and Family Status Discrimination Substantiated by Employer’s Preference for Replacement Employee

    November 23, 2022

    by Jaime H. Hoopes

    In LaFleche v. NLFD Auto Ltd. dba Prince George Ford (No. 2), 2022 BCHRT 88, the BC Human Rights Tribunal (the “Tribunal”) awarded $78,625 to a complainant after finding that she suffered a work-related disadvantage because she was pregnant.

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  • Oppression Remedy, Wrongful Dismissal, Corporate Reorganisations

    November 8, 2022

    by Janna CrownMike Hamata

    In Wisser v. CEM International Management Consultants Ltd. 2022 ABQB 414, Alberta Court of Queen’s Bench (as it then was) confirmed the oppression remedy can ground liability for non-employer corporations and their directors, where the corporate restructuring’s purpose is to avoid wrongful dismissal liability.

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  • Arbitrator Confirms Precautionary Approach Appropriate in Times of Scientific Uncertainty

    October 26, 2022

    by Jennifer Hogan

    On July 11, 2022, Arbitrator Randy Noonan released his decision in Coca Cola Canada Bottling Inc. -and- Teamsters Local 213, B.C.C.A.A.A. No. 69 (Noonan).  It concerned the reasonableness of Coca Cola’s mandatory vaccination policy (the “Vaccination Policy”). Although the policy is a national one, the dispute before the arbitrator related to the unionized hourly employees working out of four sites in the Lower Mainland of British Columbia.

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  • Calculating Damages for Unjustly Dismissed Federally Regulated Employee

    October 17, 2022

    by Mike Hamata

    The Canada Labour Code is a unique creature. Unlike non-union provincially regulated employees in most Canadian jurisdictions, federally regulated employees who have more than 12 months’ service and who are not managers, are protected from without cause termination in most circumstances. How then to calculate an entitlement to damages for an employee who is unjustly dismissed in contravention of the Code, given the breach of that added protection?

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  • Major Apprenticeship Initiative Funded by Federal Government May Help Recruit and Employ New Workers

    October 11, 2022

    by Mike HamataAndrew Nicholl

    The Federal Government’s Apprenticeship Service is engaged in a large scale funding campaign, designed to increase apprenticeship opportunities and promote apprenticeships. It is also designed to increase diversity. This bulletin will focus on employers in the construction industry in BC, although the program is not limited to such employers.

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  • BC Supreme Court Weighs in on Mandatory COVID-19 Vaccination Policies

    September 29, 2022

    by Danny BernsteinAndrew Peng

    On September 27, 2022, the BC Supreme Court released its decision in Parmar v. Tribe Management Inc., 2022 BCSC 1675 (“Parmar”). This is the first time the BC Supreme Court has directly weighed in on the validity of mandatory COVID-19 vaccination policies in non-unionized workplaces and was a much-awaited decision for many employers and employees in British Columbia who are involved in similar litigation.

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