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  • Article

    Amendment To BC Labour Relations Code Increases Risks For Supply Chain And Businesses In BC During Federal Work Stoppages

    Under the unassuming title – Bill 9, Miscellaneous Statutes Amendment Act, 2024 – the BC government has introduced a set of small but significant changes (the "Amendment")...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    B.C. Human Rights Tribunal Confirms No Family Status Discrimination When Employee Is Required To Travel To Work: The End Of The Suen V. Envirocon Environmental Services Saga

    In what is expected to be the final chapter of the Suen v. Envirocon Environmental Services saga, the B.C. Human Rights Tribunal has followed the lead of the B.C. Court of Appeal.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Be Wary Of Ambiguity: A "Bonus" Lesson For Employers

    The recent BC Supreme Court case of Kenny v. Weatherhaven Global Resources Ltd., [2017] B.C.J. No. 1510 (S.C.) illustrates the perils of poorly drafted employment agreements.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Buyer Beware: The Labour Relations Board Deals With New Successorship Provisions In The BC Labour Relations Code

    Bill 30 introduced new contract retendering successorship provisions in section 35 of the Labour Relations Code (the "Code"). Our firm has commented previously that the new provisions
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Can I Quit And Start Competing: Dispute Born Of Competing Fertility Clinics

    Genesis Fertility Inc. v. Yuzpe 2021 BCCA 420 has it all: intrigue, betrayal and even a "shotgun." In addition, it has some useful takeaways for employers who are navigating employee relations in times of significant organizational change.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Employment Standards Claims Cannot Be Pursued In B.C. Courts

    A recent summary trial decision from the B.C. Supreme Court confirms that claims arising from breaches of the B.C. Employment ...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Failing A Breathalyzer Test In A Company Vehicle: Just Cause For Dismissal?

    The B.C. Supreme Court recently determined in Klonteig v. District of West Kelowna, 2018 BCSC 124 that an assistant fire chief was wrongfully dismissed when his employer terminated...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Failure To Swiftly And Properly Investigate Complaint Of Sexual Harassment Costs Employer $65,000

    A recent decision of the B.C. Human Rights Tribunal (the "Tribunal") demonstrates how important it is for employers to take meaningful and immediate action in response to complaints of sexual harassment.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Forum Selection Clauses

    Earlier this year, the BC Court of Appeal released Schuppener v. Pioneer Steel Manufacturers Ltd., 2020 BCCA 19, a decision which clarifies the law regarding forum selection clauses.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Good Accommodation Gone Wrong

    In United Nurses of Alberta v. Alberta Health Services (MacKinnon Grievance), [2023] A.G.A.A. No. 10 (Asbell), the majority of an arbitration board awarded $10,000 in injury to dignity (human rights) damages...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Intimate Photos Taken In The Workplace: Is There An Expectation Of Privacy?

    In MR v. SS, 2025 BCCRT 851, the BC Civil Resolution Tribunal (the “Tribunal”) examined the question of whether intimate photos taken by an employee in the workplace attract a reasonable expectation of privacy.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Issue Estoppel

    Employment litigation is rarely straightforward and employers must be prepared to deal with claims in multiple forums, including in civil court and before administrative tribunals responsible for interpreting...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    New Legislative Requirements For "Online Platform Workers"

    In September 2024, app-based ride hailing and food delivery services will be required to provide workers in British Columbia with certain employment-like protections...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Ontario Court Decides "Private Group Chats" Can Become A Disciplinable Workplace Issue

    Metrolinx v. Amalgamated Transit Union, Local 1587, 2024 ONSC 1900 (Ont. Div. Ct.) involved the Ontario Divisional Court's judicial review of an arbitration award.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Statutory Changes To Collective Bargaining Framework In British Columbia

    The laws that govern both unionized and non-unionized workplaces in British Columbia are changing. Bill 8, the Employment Standards Amendments Act, 2019, received its first reading in the B.C. Legislature on April 29, 2019.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Supreme Court Of Canada Upholds Dismissal Of Cocaine Addicted Worker

    On June 6, 2017, the Supreme Court of Canada dismissed an appeal from the Alberta Court of Appeal. The majority decision was written by Chief Justice McLachlin.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    The Benefits Of Proactive Responses To Complaints Of Workplace Discrimination: Lessons From The Alberta Human Rights Commission

    A recent decision out of Alberta details the value of proactive employer responses to claims of workplace discrimination as a defence to human rights complaints.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Think Twice Before You Hit "Send": Your E-Mail Job Offer Could Be Binding

    In the recent case of Adams v. Thinkific Labs Inc., 2024 BCSC 1129, the B.C. Supreme Court considered whether a certain e-mail communication constituted an employment contract at common law.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Will Income From A Second Job Be Considered Earnings In Mitigation?

    In Pakozdi v. B & B Heavy Civil Construction Ltd., 2018 BCCA 23, the B.C. Court of Appeal clarified how to treat replacement income in the calculation of damages for a wrongfully dismissed employee.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    WorkSafeBC Decisions Provide Clarification Regarding Employer Actions Related To COVID-19 Safety

    Two recent WorkSafeBC cases provide guidance regarding unacceptable worker actions in the context of the COVID-19 pandemic and related health and safety issues.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP

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