In the fast-paced world of payroll, mistakes occasionally happen leading to overpayment of employees. It is tempting to correct such overpayment by simply deducting the overpaid amount from the employee's next paycheque. British Columbia employers may be surprised to learn that, except in certain circumstances, this method of recovery is impermissible.
Section 21(1 ...
The federal government has set November 1, 2018 as the date the mandatory breach reporting provisions of the Personal Information Protection and Electronic Documents Act ("PIPEDA") will come into effect.
The breach reporting obligation will apply to all federally regulated employers (including banks, telecommunication companies, airlines, and other ...
On Monday April 9, 2018, B.C.'s provincial government introduced Bill 6, which amends the B.C. Employment Standards Act to provide for new and extended leaves for employees. Bill 6 is a preliminary step in the government’s intended overhaul of the Employment Standards Act, with further amendments expected to be proposed in the future. The new and extended leaves are ...
In the recent Ontario decision Cook v. Hatch, 2017 ONSC 47, Lederer J. wrote that "if the parties to a contract seek to limit the notice requirements in the event of a termination but understand that they are bound by the minimum requirements of the applicable legislation, such a provision is not difficult to draft."
Nevertheless, drafting effective termination clauses that ...
Alberta’s Court of Appeal has upheld the decision of the Court of Queen’s Bench granting the Union’s request for an interim injunction. The interim injunction blocks Suncor’s random drug testing policy at the Regional Municipality of Wood Buffalo site. The injunction will apply until the underlying arbitration is decided; a final decision will be made either by ...
Organizations often only become aware of their privacy obligations after a complaint is made to the Privacy Commissioner or a privacy breach has occurred. All British Columbia organizations should proactively ensure that their privacy policies and procedures are in compliance with the Personal Information and Protection Act (“PIPA”). PIPA applies to the ...
Premier John Horgan announced today the next steps in British Columbia's planned move toward a $15 per hour minimum wage, which was a central component of the NDP's political platform in the 2017 provincial election. The provincial government will raise the minimum wage in British Columbia from its current rate of $11.35 per hour to $12.65 by June 2018.
The announcement ...
Last week, we discussed a recent Ontario case where four former employees of Soulpepper Theatre filed sexual harassment suits alleging sexual touching, groping and harassment over a period 13 years. Harassment in the workplace can take many different forms, and despite the recent Hollywood #TimesUp campaign, bullying remains a serious and persistent problem in the ...
Weinstein, #TimesUp, #MeToo, #WhyWeWearBlack. Sexual harassment in the workplace is being talked about more than ever, and the Hollywood movement has shone a particular light on how power imbalance may lead to vulnerable workers being taken advantage of in the workplace.
A recent Ontario case is a prime example. Four female former employees of Soulpepper Theatre have ...
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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.
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