On November 8, 2021, the Chair of the BC Human Rights Tribunal announced an emergency practice direction. Specifically, the Tribunal is not allowing respondents to apply to dismiss complaints for the next few months. This applies to newly filed complaints where the Tribunal has not yet notified the parties of a deadline to file an ...
We published a post on our blog on October 26, 2021 regarding the public health order dated October 14, 2021. See post here: https://workplacelawblog.harpergrey.com/2021/10/26/healthcare-facility-vaccine-mandate-pho-order-takes-effect-october-26/. That order requires most workers in government-funded healthcare facilities to be vaccinated in order to continue providing services. Significantly, in the above order, Dr. Henry also provides a warning to other healthcare ...
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 ...
The Federal government has released an Interim Order 8 under the Employment Insurance Act (“Act”). It should have an effect on severance payments made to employees who were terminated after September 2020. In ordinary circumstances, if a terminated employee is receiving Employment Insurance and then receives a severance payment, the employee will have to make ...
On June 29, 2021, I wrote a blog post about the decision in Hogan v 1187938 BC Ltd., 2021 BCSC 1021, where the BC Supreme Court confirmed that an employee’s receipt of Canada Emergency Response Benefit (“CERB”) payments after termination should be deducted from an award of damages for wrongful dismissal. That decision was released ...
In the case of Hogan v 1187938 BC Ltd., 2021 BCSC 1021, the BC Supreme Court confirmed that an employee’s receipt of Canada Emergency Response Benefit (“CERB”) payments after termination should be deducted from an award of damages for wrongful dismissal. Facts Mr. Hogan started working at the defendant’s automotive dealership in 1998 as a ...
On April 28, the BC government announced that it was making it easier for individuals to get vaccinated by amending the Employment Standards Act. The Act now requires employers to provide up to 3 hours of paid time off for employees to get vaccinated. This change is retroactive to April 19, 2021. Employers can ask ...
