ArticleOnline Workplace Communication Requires Specific Harassment PolicesRemote workers are able to connect with the office and one another using various instant messaging platforms.CanadaEmployment and HRRoper Greyell LLP
ArticleNew Mandatory Data Breach RegulationsThe Canadian government has finally published regulations relating to mandatory privacy breach notification under the federal Personal Information Protection and Electronic Documents Act (PIPEDA).CanadaPrivacyRoper Greyell LLP
ArticleAggravated Damages In Wrongful Dismissal ClaimsTwo recent B.C. court cases illustrate the type of evidence employees will need to produce to establish a claim for aggravated damages related to the termination of their employment.CanadaEmployment and HRRoper Greyell LLP
ArticleBeware The Administrative Suspension With Pay! It May Result In A Successful Constructive Dismissal ClaimIn a recent decision of the Supreme Court of Canada – Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10 – the majority concluded that where the terms of an employment contract...CanadaEmployment and HRRoper Greyell LLP
ArticleESA: Five Days Paid Personal Illness Or Injury (Sick) Leave, As Of January 1, 2022On May 28, 2021 we issued an update regarding Bill 13 Employment Standards Amendment Act (No. 2), 2021 ("Bill 13"), which amended the British Columbia Employment Standards Act (the "ESA"). CanadaEmployment and HRRoper Greyell LLP
ArticleLabour Protections Apply Even In Cases Of Blatant RacismIn early July 2021, an employee of Coca Cola (the "Grievor" and "Employer" respectively) was discharged from employment for wearing a bandana with the Confederate flag and the words "The South Will Rise Again" printed on it. CanadaEmployment and HRRoper Greyell LLP
ArticleOntario's Proposed Legislative Changes Are About To Make Life A lot More Interesting For EmployersAlberta is not the only province that is making significant changes to workplace legislationCanadaEmployment and HRRoper Greyell LLP
ArticleRefusal Of Work Not For Safety Reasons: Discharge For Just And Reasonable Cause UpheldIn a recent decision, Arbitrator Lorne Slotnick upheld the discharge of an employee who attempted to improperly use medical restrictions and the right to refuse unsafe work under occupational health and safety legislation as the basis for refusing a work assignment.CanadaEmployment and HRRoper Greyell LLP
ArticleShow Me The MoneyBritish Columbia's Minister of Finance introduced Bill 13, the Pay Transparency Act on March 7, 2023 ("Bill 13"). Bill 13 received its third reading in the BC legislature on April 25, 2023...CanadaEmployment and HRRoper Greyell LLP
ArticleSummary Of Proposed Changes To The B.C. Employment Standards ActB.C.'s Employment Standards Act is the law that sets minimum standards for workplaces in the province. On April 29, 2019, Labour Minister Harry Bains announcedCanadaEmployment and HRRoper Greyell LLP
ArticleThe Name Game: B.C. Court Of Appeal Rejects Union's Argument For Grievor And Witness AnonymityThe Court squarely rejected the argument of the United Food & Commercial Workers Union, Local 1518 that the personal information of grievors or witnesses could only be disclosed in an arbitration...CanadaEmployment and HRRoper Greyell LLP
ArticleThe Zelstoff Trilogy- Privacy V. TechnologyIn the age of technology and data collection, there is, or can be, a digital footprint and record of virtually all employee activity.CanadaEmployment and HRRoper Greyell LLP
ArticleFamily Feud: Survey Says BC Test For Family Status Discrimination Is Good LawNo, the BC test for family status discrimination has not been the subject of a survey question on TV's popular game show, Family Feud. CanadaGovernment, Public SectorRoper Greyell LLP
ArticleToo Little, Too Late: Just Cause Termination For Non-Culpable Absenteeism After Employer's Repeated Requests For Medical Evidence Went Largely UnansweredIn District of Sparwoood v. CUPE, Local 2968 (P. Schafer Dismissal) (February 28, 2025), Arbitrator Ken Saunders upheld the just cause discharge of an employee who had been absent from work for over three years...CanadaEmployment and HRRoper Greyell LLP
ArticleCOVID-19 Update – March 25, 2020On the morning of March 25, 2020, the first wave of federal COVID-19 legislation, An Act respecting certain measures in response to COVID-19 (the "COVID-19 Act") was passed by the...CanadaCoronavirus (COVID-19)Roper Greyell LLP
ArticleThe B.C. Human Rights Commissioner Weighs In On Mandatory COVID-19 Vaccination PoliciesAs vaccination rates increase, and the province continues to progress through each phase of its reopening plan, one of the biggest questions facing employers is whether to implement a mandatory...CanadaCoronavirus (COVID-19)Roper Greyell LLP
ArticleBC Labour Relations Board Finds No Anti-Union Animus In Discharge Of 30-Year Employee During Organizing DriveThe employer's workplace was not unionized, although the union had recently attempted an unsuccessful organizing campaign. CanadaEmployment and HRRoper Greyell LLP
ArticleBreach Of Telecommute Agreement Resulted In Constructive Dismissal: Hagholm v. Coreio Inc., 2017 ONSC 7713, Varied 2018 ONCA 633The Ontario Court of Appeal recently affirmed a decision of the Ontario Superior Court of Justice which found that an employee had been constructively dismissed when the employer revoked her telecommute agreement and arbitrarily reduced her annual bonus.CanadaEmployment and HRRoper Greyell LLP
ArticleEmployee Discharged For Lying To His Doctor And EmployerIn Brewers Distributors Ltd v. Brewery, Winery and Distillery Workers, Service Employees International Union, Local 2, Branch Local 300 (Banwait Grievance)...CanadaEmployment and HRRoper Greyell LLP
ArticleEmployers Take Note: Costs Of A Just Cause Misstep Could Be Significant The Supreme Court of Canada recently denied leave to appeal of the Ontario Court of Appeal's decision in Fernandes v. Peel Educational & Tutorial Services Ltd. c.o.b. Mississauga Private School, 2016 ONCA 468. CanadaEmployment and HRRoper Greyell LLP