• Wage-Fixing and No-Poaching Agreements

    February 20, 2024

    by Brittany Therrien

    The federal government has introduced legislation aimed at maintaining and encouraging competition among employers for employees. This new legislation prohibits agreements between employers to fix wages or other terms and conditions of employment, and to restrict job mobility.

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

    February 2, 2024

    by Teodora Bardas

    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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  • Mind Your Manners: B.C. Human Rights Tribunal Orders Complainant to Pay $3,000 in Punitive Costs for Improper Conduct in the Complaint Process

    January 10, 2024

    by Sarina Gill

    In Dr. A. v. Health Authority, 2023 BCHRT 10, the B.C. Human Rights Tribunal ordered the complainant, Dr. A, to pay $3,000 in punitive costs for contravening the rules and orders of the Tribunal and also for engaging in improper conduct during the complaint process.

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  • No Evidence that ‘Contact High’ is a Disability: B.C. Tribunal

    December 15, 2023

    by S. Blanco

    In Gendron v. Koppert Canada Ltd., 2023 BCHRT 173 the B.C. Human Rights Tribunal (the Tribunal) dismissed a complaint from an individual who alleged that she experienced a “contact high” from cannabis plants. The Tribunal held that the complainant failed to provide any evidence capable of proving that the symptoms she was experiencing were the result of a disability. As a result, the complaint had no reasonable prospect of success and did not warrant the time and expense of a hearing.

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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

    December 5, 2023

    by Norika Takacs-Rehm

    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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  • B.C. Pay Transparency Act – Update

    October 27, 2023

    by James D. Kondopulos

    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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  • Right to Union Representation During an Investigation Process

    October 24, 2023

    by Delayne Sartison K.C.

    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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  • Court Rules Employment Contract Not Frustrated by COVID-19 Pandemic: Employer Ordered to Pay $64,000 in Damages for Wrongful Dismissal

    September 19, 2023

    by Gabrielle Berron-Styan

    Fanzone v. 516400 B.C. Ltd. o/a Shady Tree Neighbourhood Pub, 2022 BCSC 2089 is the latest decision of the B.C. Supreme Court to consider the doctrine of frustration of contract in the context of a wrongful dismissal claim arising out of the COVID-19 pandemic.

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  • Doctrine of Res Judicata: Applied with Reference to the Context

    September 6, 2023

    by Sabrina Anis

    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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  • Employer Response to Racial Slur Found Reasonable by Human Rights Tribunal

    August 11, 2023

    by Pamela Costanzo

    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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