On February 19th, Prime Minister Trudeau announced a plan to increase the number of weeks available for benefits under the Canada Recovery Benefit (CRB) and the Canada Recovery Caregiving Benefit (CRCB) by 12 weeks, thus extending the maximum duration of the benefits to 38 weeks. The government also intends to double the number of weeks ...
In Ziegler v. Pacific Blue Cross (No. 2), 2020 BCHRT 125, the BC Human Rights Tribunal (Tribunal) determined that Pacific Blue Cross (PBC) did not discriminate against Ms. Ziegler on the basis of family status when it imposed a change to her work schedule that impacted on her childcare arrangements. The Tribunal dismissed the complaint. ...
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 ...
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 ...
Chung v Quay Pacific Property Management Ltd, 2020 BCSC 174 A recent decision from the BC Supreme Court, Chung v Quay Pacific Property Management Ltd, 2020 BCSC 174, shows that a short service employee (2 years of service) can receive a significant notice period (9 months) on termination without cause. FACTS The claimant was ...
A recent decision from the British Columbia Provincial Court, Zaranski v JR Canada Restaurant Group Ltd, 2020 BCPC 49, illustrates that an employer must not dismiss an employee for dishonesty before thoroughly investigating the allegations. FACTS The claimant worked as a Financial Controller for the defendant from May 1, 2017 through to June 27, 2017. ...
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 ...
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 ...
As covered in our blog post on June 26th, the BC government extended the temporary layoff period from 16 weeks to 24 weeks until August 30, 2020 for layoffs caused by COVID-19. As of August 30th, employees who are on a temporary layoff (and are not recalled) will be deemed to have been terminated and ...
