Two recent preliminary screening decisions from the BC Human Rights Tribunal, dismissing complaints brought in relation to BC’s vaccination card program, provide some insight into how tribunals may deal with complaints regarding vaccine mandates during the pandemic. Complaint against Dr. Bonnie Henry One complaint was brought against provincial health officer Dr. Bonnie Henry. The complainant ...
In this world where we are continuing to fight waves of COVID, remote work remains a reality for most workplaces. Responses range from embracing remote work as a means of retaining employees, expanding potential employment opportunities and reducing costs to reluctantly allowing remote work to continue only when absolutely necessary. Regardless of preference it is ...
A comprehensive employee policy manual is an excellent tool for onboarding, a great reference source for existing employees, and can provide you with convenient coaching materials. But your policy manual will only provide these benefits if it is comprehensive and well written. Your policy manual can provide information related to your workplace’s history, mission, and ...
On Wednesday, August 25, 2021, our Workplace Law Group hosted their third “Ask Us Anything Employer Webinar” focused on returning to the workplace. The panel discussion provided insights from members of our Workplace Law group: Scott Marcinkow, Rose Keith, QC, Ryan Chan, Deanne Froese and Neal Parker, who discussed vaccinations, workplace safety, the continuation of remote or hybrid work and more. Check out ...
You can’t turn on the news these days without hearing about vaccination mandates. The landscape is changing daily with companies and governments in Canada and the US issuing vaccine mandates. On August 12 BC announced that all long term care and assisted living workers, including volunteers and personal service workers who enter these facilities, were ...
In the case of Humphrey v Mene, 2021 ONSC 2539, the Ontario Supreme Court held that egregious conduct by an employer can amount to repudiation of the employment agreement, such that the employer could not rely on the without cause termination provision in the agreement. Facts Ms. Humphrey started working for Mene Inc. (“Mene”) in ...
Earlier this year, our team blogged about a Saskatchewan court decision (Hetherington) which considered whether an earlier period of employment with the same employer counted for severance purposes. In the case of Currie v Nylene Canada Inc., 2021 ONSC 1922, the Ontario Supreme Court considered a “break in service” argument, but in different circumstances. Significantly, ...
In the case of Wong v Polynova Industries Inc., 2021 BCSC 603, the BC Supreme Court confirmed that a voluntary resignation by an employee requires an unequivocal act to repudiate the employment contract, and the employer must take steps to accept this repudiation. Facts Mr. Wong was an employee of Polynova Industries Ltd. for 15 ...
A recent BC Supreme Court decision in Moore v. Instow Enterprises Ltd. provides helpful guidance regarding the extent to which a dismissed employee must go to mitigate their losses by searching for comparable employment. Facts The plaintiff in this case was a 53 year old employee who had worked at Kal Tire as a commercial ...
On Wednesday, July 21, 2021, our Workplace Law Group hosted the second “Ask Us Anything Employer Webinar” focused on working from home. The panel discussion provided insights from: Scott Marcinkow, Rose Keith, QC, Ryan Chan and Neal Parker. Our panelists were joined by Jeanne Posey of our Business Law group who responded to questions relating to employer obligations from a tax perspective. Check out the recorded ...
