Resources
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British Columbia Exemption from the Controlled Drugs and Substances Act: Considerations for Employers
August 16, 2022
As of January 31, 2023, an exemption to the Controlled Drugs and Substances Act, S.C. 1996, c. 19 (the “Act”) will allow adults in B.C. to possess small amounts of certain controlled substances without the risk of criminal charges.
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Test for Employee Not Necessarily Limited to Single Test
July 29, 2022
Some legal questions are never “answered” — no matter how frequently they are litigated, they come up again and again. In the world of employment law, few questions are as timeless (or important) as whether an individual is an employee or independent contractor.
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Unexpected Costs of Employee Relocation
July 26, 2022
Recently, in Nowlan v. Canada (Attorney General) 2022 FCA 83, the Federal Court of Appeal considered an employer’s duties towards employees in the event of employee transfers.
In that case, the court reviewed a decision of the Federal Public Service Labour Relations and Employment Board in which the board determined that a government employee who had requested a transfer for personal reasons was owed relocation expenses pursuant to a collective agreement directive.
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Online Workplace Communication Requires Specific Harassment Policies
July 14, 2022
Remote workers are able to connect with the office and one another using various instant messaging platforms.
While technology allows for flexibility at work, it can also become a forum for conflict and even harassment. Employers with remote workers — or any employees who regularly communicate online — should consider implementing policies that address online bullying.
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What’s Stopping Me From Moving to Costa Rica and Not Telling My Boss?
June 28, 2022
Imagine you are on a nice sunny beach, feeling the warm ocean breeze on your face, and listening to the soothing sound of … an Outlook e-mail notification!?!? Due to the COVID-19 pandemic, remote work has become the norm for many, particularly for those in the tech sector. With Canadian travel restrictions easing and many seeking to improve their mental well-being by escaping their home offices, employees are thinking about working from abroad for short and extended periods.
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Bill C-27: Federal Government Introduces Legislation Overhauling Canada’s Federal Privacy Laws
June 20, 2022
On June 16, 2022 the Minister of Innovation, Science and Industry François-Philippe Champagne and the Minister of Justice and Attorney General of Canada David Lametti introduced Bill C-27, the Digital Charter Implementation Act (the “Act”). Bill C-27 is an update to Bill C-11, the Digital Charter Implementation Act, introduced in 2020. As it currently stands, the Act proposes to enact three new pieces of federal legislation.
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Successorship in Contract Retendering
June 15, 2022
In Everclean Facility Services Ltd., 2022 BCLRB 14 (“Everclean Facility Services”), the BC Labour Relations Board (the “Board”) considered a trade union’s application for leave and reconsideration of an earlier decision regarding successorship in a situation of contract retendering.
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The Anti-Racism Data Act and the Changing Approach to Data Privacy
May 17, 2022
B.C.’s privacy legislation has typically meant that employers have avoided or limited the collection of demographic data from applicants and employees. However, the Province’s recent introduction of the Anti-Racism Data Act signals that change is coming, specifically at the intersection between privacy and human rights law. Employers in British Columbia will want to monitor this evolving approach to privacy and data management.
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Issue Estoppel
May 2, 2022
Employment litigation is rarely straightforward and employers must be prepared to deal with claims in multiple forums, including in civil court and before administrative tribunals responsible for interpreting and applying human rights, workers compensation and privacy law (to name a few).
When faced with a volley of different but related claims, it can be tempting to focus all of your attention on the claim which represents the biggest threat. That would be a mistake — while you should strategically allocate resources, it is crucial to keep all actual or potential claims in mind because decisions in one forum could be relied upon in another.
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