Secret recordings of coworkers provide cause for termination

In Shalagin v Mercer Celgar Limited Partnership, 2022 BCSC 112 the court considered an allegation of cause that arose after termination. Specifically, the terminated employee was a Certified Professional Accountant employed by the defendant for 10 years.    The employee was terminated on a without cause basis and provided payment based on the Employment Standards ...

Non-compete clauses now prohibited in Ontario

In Ontario, you cannot have a non-competition clause with employees except in very narrow circumstances.  On February 2, 2022, we posted about one part of the Working for Workers Act (“Act”) that came into force in Ontario in December 2021.  The Act requires employers to create a policy about the employee’s right to disconnect.  You ...

Mask refusal = complaint dismissed by BCHRT

14. February 2022 0
In a new decision this year (2022 BCHRT 22), the BC Human Rights Tribunal dismissed another complaint made by a person refusing to wear a mask.  The customer attended at the business in October 2020 for an appointment and spoke with a screening employee at the front door. The screener asked the customer to wear ...

Employers can avoid paying some incentives after termination

08. February 2022 0
Employers often want to avoid paying bonuses or other incentive payments to employees after they are terminated. The best way to achieve this is to consider the problem in advance and create a proper written employment agreement and written bonus plan/incentive policy.  In late 2020, the Supreme Court of Canada released an important decision in Matthews ...

An employee’s right to disconnect after hours

02. February 2022 0
This month, Ontario became the first Canadian jurisdiction to require many employers to create a policy relating to an employee’s right to disconnect after hours. This “right” is often understood as the right of an employee not to be expected to engage in business activity outside of working hours (e.g. answering work calls or emails).  ...

Paid sick leave in BC – key questions answered

01. February 2022 0
Further to our blog post of November 25, 2021 regarding upcoming amendments to the Employment Standards Act (“ESA”) to introduce paid sick leave in BC (you can read it here), as of January 1, 2022 employers in BC are required to provide 5 days of paid sick leave to their employees.   Here are some ...