Resources

Refusal of Unsafe Work

The right to refuse unsafe work is one of the core protections extended to workers in BC by Occupational Health and Safety Regulation (“OHS Regulation”) pursuant to the Workers’ Compensation Act (the “WCA”). Effective August 22, 2022 amendments to Part 3 of the OHS Regulation introduced new employer responsibilities relating to the reassignment of work following a refusal of unsafe work.

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Lessons From Selling Sunset, Part Two: Workplace Gossip

It’s time for the second instalment in our three-part series on employment law lessons learned from watching Netflix’s Selling Sunset. As always, there are spoilers ahead, so proceed with caution.

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Federal and BC Governments Announce Day of Mourning on September 19, 2022: What Does this Mean for Employers?

In a statement released yesterday, the federal government announced that September 19, 2022 will be a National Day of Mourning in Canada. This follows the passing of Her Majesty Queen Elizabeth II on September 8, 2022 and coincides with the State Funeral being held in London. The federal government also encouraged provinces to provide similar direction for provincially regulated employers.

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Union Ordered to pay $500,000 for Making Defamatory Statements About Employer

In Civeo Corporation v. Unite Here, Loc. 40 (Employer Defamation Grievance), [2022] B.C.C.A.A.A. No. 39 (Glass), Civeo Corporation (the “Employer”) filed an employer grievance alleging that Unite Here, Loc. 40 (the “Union”) made defamatory statements and committed other breaches of the collective agreement.

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Lessons from Selling Sunset, Part One: Work Parties

Before we launch into our three-part series on employment law lessons learned from watching Netflix’s Selling Sunset, we note that there are spoilers ahead, so proceed accordingly.

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British Columbia Exemption from the Controlled Drugs and Substances Act: Considerations for Employers

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

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

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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Caution to Dismissed Employees: Stay in Your Own Lane

Okano v. Cathay Pacific Airways Ltd., 2022 BCSC 881 is a recent B.C. Supreme Court decision that provides guidance on an employee’s duty to reasonably mitigate his or her damage or losses on termination of employment.

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Online Workplace Communication Requires Specific Harassment Policies

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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