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 ...

Workplace Accommodation has Limits

The recent decision from the BC Human Rights Tribunal Thanh v BC Ministry of Public Safety and Solicitor General, 2020 BCHRT 15  provides an example of how an employer can establish undue hardship and limit its duty to accommodate an employee’s disability. Facts The complainant was a community coroner on medical leave for PTSD which ...

Diversity and Inclusion in the Workplace

The death of George Floyd on May 25, 2020 has led to global anti-racism protests and has shone a spotlight on inequality in all aspects of society, including the workplace.  Individual protestors are not the only ones who have stood up, rather we have also seen the business community standing up and actively engaging in ...