Labour and Employment Law Blog

So you want to have your employees sign new employment agreements? We can help make sure they stay enforceable.

Traditionally, the common law has required that the parties to a contract receive new or “fresh” consideration in order for amendments to their contract to be enforceable.

In the employment context, fresh consideration can take many forms and include a ...

The holiday season often brings a surge of workplace festivities, with office parties serving as a way to boost morale, celebrate successes, and foster team spirit. While these events can be an opportunity to reward employees, they also come with a host of legal risks if not carefully planned. As an employer, understanding the potential pitfalls of holiday parties can help ...

Tips, otherwise known as gratuities, are not included in the definition of “wages” under the BC Employment Standards Act (the Act); however the Act still regulates tips in other ways.

In 2019, the Act was amended to include, among other changes, a definition of “gratuity”, guidance on when an employer may withhold gratuities, and who is entitled to share in a tip ...

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 ...

Online platforms that offer ride-hailing and delivery services have become increasingly popular in recent years. Starting in September, companies that offer such services will be required to provide workers in British Columbia with certain minimum employment standards and workers’ compensation coverage. This is the first legislation of its kind in Canada.

On June 20, 2024, the Budget Implementation Act received Royal Assent. The Act amended a number of federal statutes, including the Canada Labour Code (the “Code”), which applies to federally regulated employers such as airlines and banks. Most relevant are the changes regarding presumption of employee status and disconnecting from work.

Presumption of Employee ...

In the recent decision of British Columbia v Taylor, 2024 BCCA 44, the BC Court of Appeal found that the duty of good faith is a developing area of law in the employment context and courts should permit plaintiffs to bring novel claims in this area.

In this case the plaintiff, Ms. Taylor, claimed that she was wrongfully dismissed from her employment with the Province of British ...

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 ...

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 ...