Labour and Employment Law Blog

In a recent decision, Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec, the Supreme Court of Canada determined that the exclusion of managers from the definition of employee in the Quebec Labour Code (the “Code”) did not violate section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter”) or ...

In the recent decision of Lefebvre v Gisborne Holdings Ltd., 2023 BCSC 2231, the BC Supreme Court (The Court) found that Gisborne Holdings Ltd. (the Employer) did not have cause to dismiss a fixed-term contract employee and awarded $81,100 CAD in damages.

Ms. Lefebvre, the dismissed employee, was hired under a fixed-term contract to replace an employee on parental leave ...

On November 9, 2023 the Minister of Labour introduced legislation to ban the use of replacement workers by federally regulated employers during labour disputes. A replacement worker is a person who does the work of a unionized worker who is on strike or locked out.

Currently, Part I of the Canada Labour Code only prohibits employers from using replacement workers if they are ...

The B.C. Pay Transparency Act (the “PTA”) came into force on May 11, 2023. On October 23, 2023, the Pay Transparency Regulation (the “Regulation”) was made and provides needed clarity on the content of annual pay transparency reports.

The goal of the PTA is to help close the gender pay gap by addressing systemic gender discrimination in the workplace. The PTA applies ...

In Alberta Health Services v. Johnston, 2023 ABKB 209, the Alberta Court of King’s Bench identified a new tort of harassment in response to a Calgary mayoral candidate and talk show host, Kevin Johnston, spreading “misinformation, conspiracy theories, and hate” against Alberta Health Services (AHS) and AHS employees during the COVID-19 pandemic.

The tort of ...

Increased termination notice periods for federally regulated employers come into effect on February 1, 2024.^[1]

Greater Notice Requirements

The Canada Labour Code (the “Code”) currently requires federally regulated employers to provide at least two weeks’ notice of termination or wages in lieu of notice when terminating an employee’s employment on a without ...

In British Columbia (Human Rights Tribunal) v. Gibraltar Mines Ltd., 2023 BCCA 168 (“Gibraltar Mines”), the British Columbia Court of Appeal (“BCCA”) recently resolved much of the uncertainty surrounding the test for prima facie family status discrimination in B.C.

A five-judge panel of the BCCA unanimously held that the test for prima facie family status ...

On April 5, 2023, Labour Minister Harry Bains announced that the minimum wage will be increasing in B.C. from $15.65 to $16.75 on June 1, 2023.

The new minimum wage will increase by 6.9%, which is based on B.C.’s average annual inflation rate in 2022.

The 6.9% increase will also apply to wages for residential workers, live-in home support workers and camp leaders. In ...

The BC Supreme Court recently affirmed the high threshold required of employers when purporting to dismiss an employee for just cause. In Chu v China Southern Airlines Company Limited, 2023 BCSC 21, the court found that the plaintiff employee had been dismissed without cause and awarded $150,000 in aggravated and punitive damages in addition to the 20 months reasonable ...

In our earlier blog post, we provided an overview of the new paid medical leave provisions for federally regulated employees, which are coming into force on December 1, 2022. The new provisions will entitle such employees to up to 10 days of paid medical leave per calendar year.

Initially, the amendments to the Canada Labour Code permitted the Federal Government to apply the ...