In Yates v. Langley Motor Sport Centre Ltd., 2022 BCCA 398 the British Columbia Court of Appeal (“BCAA”) recently resolved much of the uncertainty surrounding whether or not payments received under the Canada Emergency Response Benefit program (“CERB”) could be deducted from damages awarded for wrongful dismissal.
The BCCA unanimously held that CERB payments ...
In the recent decision of Parmar v. Tribe Management Inc., 2022 BCSC 1675, the BC Supreme Court held that placing an employee on unpaid leave because they refused to get the COVID-19 vaccine did not amount to constructive dismissal. This case is one of the first civil court decisions in Canada that considered the validity of mandatory vaccination policies where employees ...
Employers and employees saw the workplace change rapidly since March 2020. After a whirlwind of workforce changes and policies, litigation on the appropriateness of COVID-19 workplace measures is working its way through the courts, and the Alberta Court of Queen’s Bench has recently released a decision on masking. In the recent decision, Benke v Loblaw Companies ...
Employers commonly seek our advice on issues related to maternity and parental leave. Here are some of our most frequently asked questions:
Q: Can I ask a candidate for employment whether or not they are pregnant, or whether they are planning on starting a family? I need to know to minimize disruption to my small business.
A: It is generally inadvisable to ask such questions ...
On January 7, 2022, BC’s Provincial Health Officer once again directed all BC employers to implement a COVID-19 Safety Plan. This is part of the province’s response to the recent surge of COVID-19 cases and hospitalizations fueled by the Omicron variant.
The legal requirement to a COVID-19 Safety Plan is not new to employers. Employers were required to put such a plan in ...
Did you know that businesses are protected from being sued for COVID-19 transmission, in certain circumstances, in British Columbia?
In the summer of 2020, the British Columbia government enacted the COVID-19 Related Measures Act and the Covid-19 (Limits on Actions and Proceedings) Regulation to support B.C.’s restart plan for the COVID-19 pandemic. One of the ...
It has been a long year-and-a-half for businesses. On top of the personal pandemic fatigue most British Columbians have been feeling for some time now, businesses in particular have had to be nimble in reacting to public health orders, legislative changes, and government policy which has often been announced and implemented on very short notice and with scant available ...
On July 1, 2021, B.C. moved into Step 3 of its COVID-19 Restart Plan. As part of this phase, B.C. employers are no longer required to maintain a WorkSafeBC approved COVID-19 Safety Plan. Instead, they are required to transition to a Communicable Disease Prevention Plan.
What is a Communicable Disease Prevention Plan?
It is a plan that outlines the steps an employer is taking to ...
The Government of B.C. has tabled legislation which, for now, entitles employees to three paid sick days for leave related to COVID-19. Employers will be required to pay employees their full wages (based on an average of the prior 30 days). The proposed law (Bill 13) also allows for a permanent paid sick leave to be prescribed in the future.
The B.C. government has promised it ...
As a result of the COVID-19 pandemic, pension regulators across Canada have been announcing special measures to help protect the interests of pension plan members, assist pension plan administrators and ensure the ongoing financial health of pension plans, particularly given the negative impact that current financial market conditions have had on the funded status of ...
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.