Resources

There is No “I” in Team When Considering the “Meet or Exceed” Requirements Under Section 3 of the B.C. Employment Standards Act

In a preliminary ruling in BC Ferry Services Inc. -and- BC Ferry & Marine Workers’ Union, 2025 CanLII 8390, Arbitrator Arne Peltz determined that the “meet or exceed” test under s. 3 of the Employment Standards Act, R.S.B.C. 1995, c. 113 (the “ESA” or the “Act”) must only be applied to the bargaining unit as a whole and not to individual employees or sub-groups within the bargaining unit.

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Unreasonable Conduct Before the Tribunal Can Result in Costs

This decision concerns judicial review of a costs award by the British Columbia Human Rights Tribunal, under section 37(4) of the B.C. Human Rights Code.

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Career Employee Dismissed for Just Cause

In the recent case of Basic v. Solid Rock Steel Fabricating Co. Ltd., 2025 BCSC 287, the B.C. Supreme Court upheld the dismissal of a 57-year old project manager with over 20 years of service for time theft and insubordination.

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Employer’s Repudiation of Employment Contract Results in Damages Award of Over $450,000 for Dismissed Executive

In Timmins v. Artisan Cells, 2024 ONSC 7123, the Ontario Superior Court of Justice issued a substantial damages award – an award in the amount of $456,908.82 – in favour of the plaintiff, Nicholas Timmins.

This followed the without cause termination of Mr. Timmins’ employment as an executive at a gene therapy company named Artisan Development Labs Inc. (“Artisan”).

Notably, about three weeks before trial, Artisan withdrew its statement of defence in the action.  Mr. Timmins’ claim was thus undefended at trial.

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Too Little, Too Late: Just Cause Termination for Non-Culpable Absenteeism After Employer’s Repeated Requests for Medical Evidence Went Largely Unanswered

In District of Sparwoood v. CUPE, Local 2968 (P. Schafer Dismissal) (February 28, 2025), Arbitrator Ken Saunders upheld the just cause discharge of an employee who had been absent from work for over three years on a medical leave and failed to provide clear, current and credible medical evidence about his current and future ability to return to work, notwithstanding repeated requests.

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Confirming the Historic Trade-Off: A Worker’s Civil Action is Statute-Barred When Injury Arose Out of and In the Course of Employment

Workers’ compensation is a no-fault insurance system for injuries arising out of and in the course of a worker’s employment.  Insurance systems of this kind are provincially, federally and territorially mandated through legislation. Read more on a decision involving a respondent who was injured by a falling crate of tiles.

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Bill 11, Employment Standards Amendment Act: BC Government to Restrict Employer’s Ability to Request Health Practitioner Notes for Employee Health, Illness, or Injury Related Leave

In April 2025, the BC Legislature introduced Bill 11, Employment Standards Amendment Act. Bill 11 passed third reading on May 12, 2025. Bill 11 will amend the Employment Standards Act (the “ESA”) to prohibit employers from requiring employees to provide a note or other documentation from a health practitioner in relation to a health, illness, or injury related leave.

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Be Careful What You Text – It Might Be a Binding Contract

In Kambere v. Castillo, 2024 BCCRT 1224, the B.C. Civil Resolution Tribunal (the “CRT”) determined that the applicant, Kambere, and the respondent, Young, entered into a binding contract for Taylor Swift tickets on the basis of their text messages.

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Canada Work-Sharing Program and Temporary Layoffs under the BC Employment Standards Act

Canadian businesses subject to the recent U.S. tariffs are facing significant turmoil including potential loss of business and a corresponding reduction in their workforce.

In response to the tariffs, the Canadian federal government has introduced a Special Measures Work-Sharing Program to help prevent employee layoffs or dismissals.

The Work-Sharing Program provides income support to employees suffering from reduced hours of work due to economic conditions caused by tariffs.

However, BC employers considering the Work-Sharing Program must also consider the temporary layoff provisions under the British Columbia Employment Standards Act (the “BC ESA”), and constructive dismissal risks.

In this article, we briefly outline the Work-Sharing Program, the BC ESA temporary layoff provisions, and constructive dismissal issues, and provide practical examples of how BC employers can navigate each.

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Employers Beware: B.C. Court Awards Former Employee $25,000 in Punitive Damages for Conduct in Severance Negotiations

The recent decision of the B.C. Supreme Court in Thompson v. Revolution Resource Recovery Inc., 2025 BCSC 8 is notable with respect to three issues: (i) the impact of age on reasonable notice determinations; (ii) the assessment of mitigation in the absence of evidence that new employment could be found if reasonable efforts to mitigate had been made; and (iii) awards of punitive damages when an employer fails to comply with minimum employment standards requirements.

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