A recent decision from the Alberta Human Rights Commission serves as a good reminder to employers to keep sufficient notes and document reasons to justify the termination of employment of employees, even in not-for-cause situations. For employees, the same decision serves as notice that the mere fact of having immutable characteristics or belonging to a protected group ...
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 ...
On April 5, 2023, Labour Minister Harry Bains announced that the minimum wage will be increasing in B.C. from $15.65 to $16.75 on June 1, 2023.
The new minimum wage will increase by 6.9%, which is based on B.C.’s average annual inflation rate in 2022.
The 6.9% increase will also apply to wages for residential workers, live-in home support workers and camp leaders. In ...
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 ...
Earlier this week, the BC Government introduced Bill 13 – 2023: the Pay Transparency Act (the “PTA”). We discuss below the changes that have the greatest potential to affect employers.
New Duty to Publish Salary or Wage Information for Publicly Advertised Job Opportunities
The PTA will require employers, unless exempt by regulation, to specify the expected salary ...
The BC Supreme Court recently affirmed the high threshold required of employers when purporting to dismiss an employee for just cause. In Chu v China Southern Airlines Company Limited, 2023 BCSC 21, the court found that the plaintiff employee had been dismissed without cause and awarded $150,000 in aggravated and punitive damages in addition to the 20 months reasonable ...
On January 1, 2023, an amendment to the Ontario Employment Standards Act, 2000 (“ESA”) came into force that creates a new exemption for business and information technology (IT) consultants.[1] This means that if an individual meets the criteria for a “business consultant” or “information technology consultant” under the ESA, then the consultant is ...
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 Oostlander v Cervus Equipment Corporation, 2023 ABCA 13 the Alberta Court of Appeal (“ABCA”) confirmed that payments received under the Canada Emergency Response Benefit program (“CERB”) cannot be deducted from damages awarded for wrongful dismissal.
The ABCA was greatly persuaded by the decision in Yates v Langley Motor Sport Centre Ltd, 2022 BCCA 398[1]
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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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