A recent decision from the Supreme Court of Canada (“SCC”) found that searching an employee’s work laptop may be an unreasonable interference with privacy rights under section 8 of the Canadian Charter of Rights and Freedoms (“Charter”).[1]
Section 8 of the Charter protects against unreasonable search and seizure. While “search and seizure” is a concept ...
Litigation takes time and money. Effective legal counsel use various processes available to help clients achieve the best outcome in each case.
Summary trials are an important procedural option in litigation. In many cases, they can provide an efficient and quicker means to obtain a judgment. In January 2024, Alberta’s old summary trial process was replaced with a ...
Employers often rely on probationary periods when dismissing new employees who are not a good “fit” for their organization. But can probationary employees be dismissed for any reason? A recent decision from the BC Human Rights Tribunal provides a valuable reminder that human rights obligations apply to all employees, including probationary employees.
Facts
The ...
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 ...
On September 20, 2023, a number of protests took place across Canada at government and school district buildings against gender expression without parental consent for 2SLGBTQIA+ school aged children. This was part of a deeply concerning trend in anti-2SLGBTQIA+ sentiment across the country. Recently, Canadian Bar Association President John Stefaniuk released a ...
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 ...
“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 ...
As we previously reported, the B.C. Government amended the Workers Compensation Act (the “WCA Amendments”) to impose new obligations on B.C. employers in returning injured workers to their job. These changes will come into effect on January 1, 2024.
As you may recall from our earlier blog post, the WCA Amendments create two new duties for workers and employers: the duty ...
About Us
Lawson Lundell's Labour and Employment Law Blog provides updates on the most recent legal developments impacting the Canadian workplace and offers practical tips for employers. We cover a range of topics, including labour relations, employment law, collective bargaining, human rights, employment standards, employment equity, workers' compensation, business immigration, privacy, occupational health and safety and pensions and employee benefits.
Legal Disclaimer: The information made available on this webpage is for information purposes only. It does not constitute legal advice, and should not be relied on as such. Please contact our firm if you need legal advice or have questions about the content of this webpage.