What to do if an Employee Tests Positive for COVID-19?

09. November 2020 0
As the cases continue to rise in BC and across Canada, it may happen that one of your employees tests positive for COVID-19.  These general principles should guide you if this happens.    First, the infected employee should not be permitted to return to the workplace until they are clear of COVID-19. Second, in most ...

Employers Beware – Attempting to Address Systemic Inequality is Not Enough

03. November 2020 0
In Fraser v. Canada (Attorney General), 2020 SCC 28, the Supreme Court of Canada considered an allegation of “adverse impact” discrimination where an apparently neutral pension plan had a disproportionate impact on female RCMP members with children. The court’s broad interpretation of the equality rights in section 15 of the Charter has potentially far-reaching implications ...

Nightclubs Must Close. Restaurants can Operate but with More Restrictions.

23. September 2020 0
On September 18th, Dr. Henry ordered that all nightclubs cease operating, and imposed new restrictions on restaurants and other similar businesses serving alcohol.  This raises significant considerations for the owners, including how to manage their existing employees.  One of the considerations for employers is whether they can rely on the doctrine of frustration (or the ...

Are Your Employees Covered by the Employment Standards Act?

22. September 2020 0
When preparing employment agreements or considering applicable rules for topics like overtime pay, vacation pay, or termination pay, the first question is to determine if the workplace or the employees are protected by the Employment Standards Act in BC.  This generally involves two different inquiries.  First, one must consider whether the business is federally regulated ...

Can a Single, Isolated Comment Amount to Sexual Harassment?

In the recent decision The Employee v The University and another (No.2), 2020 BCHRT 12 the BC Human Rights Tribunal held that an isolated comment may not amount to sexual harassment where there are no objective adverse consequences and remedial steps are taken to mitigate the subjective harm felt by the complainant.  FACTS The complainant ...