Resources

Attention Federal Employers: The Workplace Harassment and Violence Prevention Regulations Are Now In Effect

On January 1, 2021, the Workplace Harassment and Violence Prevention Regulations, SOR/2020-130 came into force (“Regulations”), replacing Part XX of the Canada Occupational Health and Safety Regulations. The Regulations impose a number of new requirements on employers in the federal sector, some of which must be undertaken in order to develop and implement a Workplace Harassment and Violence Prevention Policy compliant with the Regulations.

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Arbitration Decision Confirms that Seniority Rights are Contractual, not Inherent

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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Update on the Legal Test for Post-Incident Alcohol and Drug Testing

In a series of recent arbitration decisions, Arbitrator Andrew Sims and Arbitrator David McPhillips have reviewed and clarified the legal test for post-incident alcohol and drug testing.

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Matthews v. Ocean Nutrition Canada Ltd. – Roper Greyell Update

Keeping the faith, for now: the Supreme Court of Canada maintains the status quo on the duty of good faith, but leaves the door ajar for future claims.

This past fall, the Supreme Court of Canada (“SCC”) released a much anticipated decision dealing with a number of important employment law issues: Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26 (“Matthews”).

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Bill C-11: Federal Government Proposes Overhaul of Canada’s Federal Privacy Laws

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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B.C. Human Rights Tribunal Confirms No Family Status Discrimination When Employee is Required to Travel to Work: The End of the Suen v. Envirocon Environmental Services Saga

In what is expected to be the final chapter of the Suen v. Envirocon Environmental Services saga, the B.C. Human Rights Tribunal has followed the lead of the B.C. Court of Appeal and dismissed the complaint of discrimination in employment on the basis of family status which Brian Suen filed against his former employer, Envirocon Environmental Services, ULC, a number of years ago.

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Forum Selection Clauses

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

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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Overview of the Canada Recovery Benefits

On Friday, October 2, 2020, Bill C-4, An Act relating to certain measures in response to COVID-19, received royal assent.  The new legislation includes three income support programs: the Canada Recovery Benefit, the Canada Recovery Sickness Benefit and the Canada Recovery Caregiving Benefit (the “Recovery Benefits”).

The new Recovery Benefits are intended to replace the Canada Emergency Response Benefit (the “CERB”) which ended on September 26, 2020.

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Employer Obligations on General Voting Day: 2020 Provincial General Election

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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