Changes to the Canada Labour Code

01. February 2024 0
Federally regulated employees will be entitled to enhanced termination notices with the coming into force of the amendments to the Canada Labour Code on February 1, 2024.  Employers are now required to provide employees in situations of individual terminations with a graduated termination noticed based on the length of the service, which is very similar ...

New Obligations under the Workers Compensation Act

04. January 2024 0
January 1, 2024 brought changes to the Workers Compensation Act (the “Act”) including a duty to cooperate and a duty to maintain employment.  These changes impose new return to work requirements on both employers and employees following an injury with the aim to better support workers to return to the job or other suitable employment ...

BC government will expand employment protections to gig workers

18. December 2023 0
On November 30, 2023, the Labour Statutes Amendment Act, 2023 received Royal Assent.  This Act will amend the Employment Standards Act and Workers Compensation Act to include “online platform workers”.  Such workers will be defined as “a person who performs prescribed work that the person accepts through an online platform”.  Such workers are intended to ...

Employee failed to mitigate by moving to another town

13. October 2023 0
Quesnelle v. Camus Hydronics Ltd., 2022 ONSC 6156 The plaintiff, Quesnelle, commenced an action alleging constructive dismissal against his former employer, the defendant, Camus Hydronics Ltd. (“Camus”).  The judge ruled that the Quesnelle had been constructively dismissed due to the removal of benefits that made up a significant part of his overall compensation.  The judge ...

Termination limited to ESA minimum, plus bonus amount  

10. October 2023 0
Background The plaintiff, Ms. Shultz, was an employee of the defendant, Cleardent. On December 29, 2021 she made a PowerPoint presentation, to the directors of Cleardent suggesting that a new role be created for her within the company. The defendant struggled to respond. The plaintiff claimed that one of the directors suggested she had resigned, ...

Harassment recognized as a tort in Alberta

03. October 2023 0
Alberta is the first Canadian jurisdiction to recognize the tort of harassment, while Ontario and British Columbia have declined to recognize the same tort.  In the recent decision Alberta Health Services v. Johnston two issues were considered.  First the issue of whether unelected public bodies could bring suits in defamation and secondly whether to recognize ...

Termination for cause due to breach of fiduciary and other implied employment duties

25. September 2023 0
Chura v. Batten Industries Inc., 2023 BCSC 1040 The plaintiff, Chura, commenced an action alleging wrongful dismissal against her former employer, the defendant, Batten Industries Inc. (“Batten”).  The action was dismissed in its entirety as the court found that Chura’s conduct had breached her fiduciary and implied employment duties at common law. This decision discusses ...

BC Supreme Court tentatively approves certification of class action against employer for unpaid vacation pay

20. September 2023 0
In an interesting development, the BC Supreme Court has recently tentatively approved certification of a class action in British Columbia against an employer.   The case involves a plaintiff who is a former BMO employee, who applied to bring a class action against BMO on behalf of non-unionized employees. Specifically, his claim is on behalf ...

Privacy tips for the workplace

21. August 2023 0
The Office of the Privacy Commissioner of Canada (OPC) has published some practical tips for employers regarding privacy in the workplace.    These tips are quoted from the OPC website: Although the federal legislation does not apply to all BC employers, these suggestions are still helpful for all employers to consider.   There are other helpful ...