Leading commentary and perspectives on employment and labor law
A British Columbia case has affirmed that the correct use of gender pronouns is a basic right, and that when it comes to inclusivity in the workplace, it is not enough to talk the talk by having a policy in place – employers must walk the walk by taking prompt action to address concerns.
Failure…
In Booton v Synergy Plumbing and Heating Ltd., 2019 BCSC 276, an employee successfully sued his former employer for wrongful dismissal as well as defamation in relation to statements made by the employer regarding the reasons for his termination. Booton is a cautionary tale reminding employers to carefully consider how communications about the departure…
This week, the Honourable Harry Bains, B.C.’s Minister of Labour, submitted bills to the legislature to amend the province’s three major workplace-related statutes that fall under the Ministry of Labour’s jurisdiction: the Employments Standards Act, the Labour Relations Code, and the Workers Compensation Act.
These bills must still go through the legislative…
On April 9, 2018, BC’s Minister of Labour introduced Bill 6, the Employment Standards Amendment Act, to the BC Legislature. Bill 6 includes proposed amendments to the Employment Standards Act (“ESA”) to bring certain types of leave into line with the Federal government’s recent changes to the Employment Insurance Act so that employees are…
It is often a challenge for employers to determine whether they have a duty to accommodate an employee’s “family status” under human rights legislation. Adjudicators across Canada have taken different approaches to assess whether the duty to accommodate family status has been triggered. The recent B.C. Human Rights Tribunal decision in Adair v. Forensic Psychiatric …
In a landmark case, the Supreme Court of Canada has extended the protection it offers to employees from discrimination in the workplace to encompass discrimination perpetrated by an individual with a different employer: British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62.
This case answers in the affirmative the question of whether the…
Performance management is always a challenge for employers. Termination for cause on the basis of poor performance is trickier. The recent decision of Cottrill v. Utopia Day Spas and Salons Ltd., 2017 BCSC 704 (“Cottrill”) is a good reminder of the importance of proactive and proper performance management, especially for underperforming employees.…
The retraction of an accepted offer of employment can create significant legal challenges for an employer. The BC Supreme Court recently reaffirmed that, absent an express contractual provision to the contrary or just cause, a pre-employment retraction of an accepted offer of employment constitutes termination of employment entitling the individual to reasonable notice or damages…
Probation is common for new employees. Probationary periods can provide employers the opportunity to assess new hires in the real work environment. If an employee is not suitable, the employer may have the opportunity to end the relationship in the early months of employment with little or no liability. There are a number of potential…
