Resources
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British Columbia Law Institute Publishes Report on the Employment Standards Act: Changes to BC Employment Standards Anticipated in 2019
January 2019
On December 10, 2018, the British Columbia Law Institute published its 300 page report on reforming the BC Employment Standards Act .
We expect the report’s recommendations will likely provide the framework for legislative change in 2019. Here, we summarize some of the more notable points.
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“It Don’t Matter If You’re Black Or White”*… It’s Illegal to Discriminate
December 2018
In 1991, Michael Jackson’s hit single, “Black or White”, topped the Billboard Hot 100 just three weeks after its release. Perhaps it was the universally positive anti-racism message, as much as the music itself that propelled its popularity. Regardless, one would have thought that by 2018 it would have been well understood that the fact that an employee was white/Caucasian does not create a defence for an employer’s racist conduct. Sadly, Spruce Hill Resort and Kin Wa Chan must not have been Michael Jackson fans.
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Breach of Telecommute Agreement Resulted in Constructive Dismissal: Hagholm v. Coreio Inc., 2017 ONSC 7713, varied 2018 ONCA 633
November 2018
The Ontario Court of Appeal recently affirmed a decision of the Ontario Superior Court of Justice which found that an employee had been constructively dismissed when the employer revoked her telecommute agreement and arbitrarily reduced her annual bonus.
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Government of Canada Introduces Major Changes to Canada Labour Code and Creates Federal Pay Equity Obligations
November 2018
Recently, the Federal Government tabled, for first reading, Bill C-86 that, assuming it passes in its current form, will (i) significantly alter federally regulated employers’ obligations under the Canada Labour Code and (ii) create a new federal pay equity regime. A flavour of the key changes included in Bill-C-86 is provided here.
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B.C. Labour Code Review 2018: A Summary of Recommended Changes and Next Steps
October 2018
On October 25, 2018, the Government of BC released the long anticipated Section 3 Report concerning proposed changes to the Labour Relations Code of BC. A three person panel was appointed in February of 2018 to conduct a public consultation and recommend amendments to the Code.
The significant proposed changes are summarized.
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The B.C. ESA has Changed: What’s New and What’s Coming
October 2018
B.C.’s NDP government recently moved forward with some significant changes to the province’s Employment Standards Act (“ESA”). The minimum wage and some statutory leaves of absence have been increased, and these changes are merely the start: further and far reaching amendments to the ESA are expected in the near future.
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Tailored Pre-Employment Testing Given the Green Light
October 2018
In BC Hydro and Power Authority -and- International Brotherhood of Electrical Workers, Local 258 (Arbitrator John Hall) (May 23, 2018), the employer implemented a pre-employment drug and alcohol testing requirement for new applicants applying for safety-sensitive positions under the hiring hall provision of the collective agreement.
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Have I Constructively Dismissed an Employee by Putting Them on Unpaid Administrative Suspension?
October 2018
A recent decision from the Ontario Court of Appeal confirmed that suspending an employee without pay (i.e. an “administrative suspension”), including while the employer conducts an investigation, can constitute constructive dismissal. The Court provided guidance on when and how employees can be placed on suspension during an employer’s investigation.
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