Labour and Employment Law Blog

A Manitoban plaintiff has filed a class action lawsuit against the homegrown delivery service company, Skip the Dishes, reviving the debate over whether contractors for online services are truly independent contractors or are actually employees entitled to protection under employment standards legislation. Skip the Dishes operates an Uber-style online service that ...

In our June 28 blog post, we wrote about calculating holidays and holiday pay for employees working in British Columbia who are entitled to holiday pay. With Labour Day approaching, we thought we would revisit the topic.  

Did you know that there are many employees who do not have any entitlement to statutory holidays under the British Columbia Employment Standards Act

Canadian employers will soon encounter a new landscape when it comes to drug and alcohol testing in safety sensitive workplaces as cannabis use is set to be legalized in October 2018. Employers are faced with balancing employee privacy rights in terms of their off duty conduct, with safety concerns in the workplace. Of paramount concern for employers is whether an employee ...

For the first time in over two decades, an independent review of the Employment Standards Act, R.S.B.C. 1996, c. 113 (the "Act"), is underway.  The review is being conducted by the British Columbia Law Institute's Employment Standards Act Reform Project (the "Project").  The Ministry of Labour is a participant observer in the Project.  Given the ministry's involvement, it is ...

While ongoing discussions of harassment have mainly been situated in the human rights register (see our own series of posts on our Labour and Employment Law Blog), employers should also be aware of possible liability in the civil context.  Tort law allows complainants to sue for damages for harm visited upon them by another.  Traditional torts that might apply in a case of ...

Last week, we posted about the usefulness of probationary periods, both for unionized and non-unionized workers.

In each Canadian jurisdiction, there are rules under employment standards legislation regarding the period of employment during which a non-unionized employee can be dismissed without cause and without notice or pay in lieu of notice. If the probationary ...

Many savvy employers incorporate probation clauses into employment agreements with new employees. Courts have recognized the legitimacy of such clauses, which have the effect of putting the employee on notice that the employee's performance is being evaluated and that the employee must satisfactorily pass the probationary period if the employee is to continue ...

A recent decision of the Office of the Information & Privacy Commissioner ("OIPC") addresses the scope of information that an unsuccessful job applicant may be able to access pursuant to privacy legislation.  The decision stems from an information request by a number of job applicants for access to records pertaining to their applications to work for Compass Group Canada ...

Given that Canada Day falls on a Sunday this year, there appears to be some confusion among employers regarding which day attracts statutory holiday pay under the Employment Standards Act, (“the Act”). This year the Canada Day statutory holiday will occur on Monday, July 2^nd instead of Sunday, July 1st. This means that employees who have been employed for 30 calendar ...

On the evening of June 18, 2018, the Senate passed Bill C-45, an Act respecting cannabis and to amend the Control Drugs and Substances Act, the Criminal Code and other Acts (the “Act”), as amended. The Bill still needs to receive Royal Assent. Prime Minister Trudeau announced today that the legislation will take effect on October 17, 2018.

Under the Bill’s transitional ...