Labour and Employment Law Blog

“Job Location - Remote” – a phrase not uncommon in job posting in the new post-pandemic world. With more and more workers looking to maintain their work from home status, remote work opportunities have multiplied and for some employers remote workers have become the norm, not the exception. In fact, in the hopes of attracting the best candidate for the job, many ...

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 ...

Generally speaking, when an employee is dismissed without cause, they are entitled to notice or pay in lieu of notice as set out in the British Columbia Employment Standards Act (“ESA”). However, there are certain exceptions to this rule. One such exception is where the employee is offered and refuses reasonable alternative employment by their employer.

Legislative ...

In our earlier blog post, we provided an overview of Bill 2, National Day for Truth and Reconciliation Act, which if passed into law, would recognize the National Day for Truth and Reconciliation (September 30) as a public holiday in British Columbia and would establish it as a statutory holiday under the Employment Standards Act.

As expected, Bill 2 quickly made its way ...

On February 7, 2023, Labour Minister Harry Bains introduced in the Legislative Assembly of British Columbia for first reading Bill 2, National Day for Truth and Reconciliation Act. If passed into law, Bill 2 will recognize the National Day for Truth and Reconciliation (September 30) as a public holiday in British Columbia and will establish it as a statutory holiday under ...

In Yates v. Langley Motor Sport Centre Ltd., 2022 BCCA 398 the British Columbia Court of Appeal (“BCAA”) recently resolved much of the uncertainty surrounding whether or not payments received under the Canada Emergency Response Benefit program (“CERB”) could be deducted from damages awarded for wrongful dismissal.

The BCCA unanimously held that CERB payments ...

We often assist employers in defending claims by managers who allege that the employer failed to pay overtime. In this blog post, we explore some of the common pitfalls we see in such cases.

Many employers assume that managers are never entitled to additional pay for any additional hours worked, and that the manager’s wage or salary is their entire entitlement to ...

On April 6, 2022, Bill 10 – 2022 Labour Relations Code Amendment Act, 2022 (“Bill 10”) received its first reading. If passed, Bill 10 will introduce two significant amendments to the BC Labour Relations Code (the “Code”):

1. Return to a “card based” certification process – i.e. union certification without a vote.
2. Yearly opportunity for rival unions to ...

On February 28, 2022, the Government of Ontario introduced Bill 88, Working for Workers Act, 2022 (“Bill 88”), which if passed, would introduce new legislation regarding digital platform workers, as well as amending the Employment Standards Act, 2000 (“ESA”) and other statutes. Read on to find out the key points in Bill 88 that may affect your business.

Digital ...