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  • Article

    Father's Family Status Denied By BC Court Of Appeal

    With its 2004 Campbell River decision, the BC Court of Appeal articulated the BC test for family status discrimination involving family obligations in the context of employment
    CanadaFamily and Matrimonial
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Court Of Appeal Brings Clarity To Termination Clauses

    The Ontario Court of Appeal has just released a significant decision regarding the interpretation of termination clauses in employment contracts.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Wage-Fixing And No-Poaching Agreements

    The federal government has introduced legislation aimed at maintaining and encouraging competition among employers for employees. This new legislation prohibits agreements between employers...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    British Columbia Law Institute Publishes Report On The Employment Standards Act: Changes To BC Employment Standards Anticipated In 2019

    On December 10, 2018, the British Columbia Law Institute (the "BCLI") published its 300 page report (the "Report") on reforming the BC Employment Standards Act (the "ESA").
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    ‘Tis The Season To Avoid Folly: Treats And Tidbits For A Successful Christmas Or Holiday Party

    Employers that organize and host Christmas or holiday parties and similar work-related social events have a number of legal responsibilities. They can be held liable for not taking adequate...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Attention Federal Employers: The Workplace Harassment And Violence Prevention Regulations Are Now In Effect

    On January 1, 2021, the Workplace Harassment and Violence Prevention Regulations, SOR/2020-130 came into force ("Regulations"), replacing Part XX of the Canada Occupational Health and Safety Regulations.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Culpable Inefficiency And A Smorgasbord Of Issues

    Arbitrator Larry Steinberg faced a plethora of issues in the recent case of Toronto District School Board v. CUPE, Local 4400 (Naccarato Grievance), [2015] O.L.A.A. No. 429.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Coronavirus: Information Bulletin For Employers

    As of today's date, January 28, 2020, more than 100 people have died from the Wuhan coronavirus – a novel (new) coronavirus – and more than 4,500 others have been infected.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Doctor Who? Complainant Cannot Generally Rely On Self-Diagnosis When Trying To Establish An Invisible Disability

    The complainant, Allen Cummings, was employed as the executive director of the respondent, Nenan Dane Zaa Deh Zona Family Services Society (the "Society").
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Permissible Employer Communication Following Application For Certification

    In Homewood Health Inc. (Homewood Ravensview), 2024 BCLRB 87, the B.C. Labour Relations Board (the "Board") dismissed an application under sections 6(1), 6(3)(d) and 9 of the B.C. Labour Relations Code (the "Code").
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Government Of Canada Introduces Major Changes To Canada Labour Code And Creates Federal Pay Equity Obligations

    Recently, the Federal Government tabled, for first reading, Bill C-86 that, assuming it passes in its current form, will (i) significantly alter federally regulated employers' obligations under the Canada Labour Code and (ii) create a new federal pay equity regime.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Summary Of Changes To The B.C. Employment Standards Act

    On May 30, 2019, the Provincial Government passed changes to the B.C. Employment Standards Act (the "ESA"). The ESA is the law that sets minimum standards for workplaces in the province
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Restrictions On Health Practitioner Notes For Employee Health, Illness, Or Injury Related Leave, Part 2: The Details Of Bill 11

    In an earlier bulletin, we covered the introduction of Bill 11, Employment Standards Amendment Act, which set out undefined restrictions as to when an employer...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    COVID-19 Update – March 18, 2020

    British Columbians, as with people the world over, are in uncharted territory. This crisis is unprecedented. Schools, business and government buildings throughout the country are closed down
    CanadaCoronavirus (COVID-19)
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Leading Labour And Workplace Law Cases Of 2020

    With the upheaval and significant challenges and difficulties of 2020, some important labour and workplace law cases may not have been front of mind for employers and HR practitioners.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    COVID-19 Update – March 24, 2020

    Yesterday afternoon, the B.C. Legislature passed amendments to the B.C. Employment Standards Act, and last week, WorkSafeBC published a series of recommendations to employers and...
    CanadaCoronavirus (COVID-19)
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    BC Human Rights Tribunal Confirms Bona Fide Employee Insurance Plans Are Not Discriminatory

    British Columbia's Human Rights Code ("Code") prohibits an employer from discriminating against an employee on the basis of certain protected characteristics with respect to employment...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Illness And Injury Leave Under The Employment Standards Act In The Unionized Context

    Section 49.1 of the B.C. Employment Standards Act (the "ESA") addresses illness or injury leave (sick leave) and provides as follows: after 90 consecutive days of employment, an employee...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Update On The Legal Test For Post-Incident Alcohol And Drug Testing

    In a series of recent arbitration decisions, Arbitrator Andrew Sims and Arbitrator David McPhillips have reviewed and clarified the legal test for post-incident alcohol and drug testing.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Law Professor's Human Rights Complaint Against University Of British Columbia Dismissed

    More than a year after the merits of Ms. McCue's complaint were heard, the B.C. Human Rights Tribunal (the "Tribunal") has dismissed this case in its entirety.
    CanadaGovernment, Public Sector
    Roper Greyell LLP
    Roper Greyell LLP

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