Subsection 45(1.1) of the Competition Act (the “Act”) comes into force on June 23, 2023. This new subsection has been added to the existing criminal conspiracy provisions of the Act and aims to protect competition in the labour markets by prohibiting employers from entering into agreements that fix wages and restrict job mobility through no-poaching ...
A recent Ontario Superior Court decision provides an important reminder for employers about proper conduct when terminating employees. In Teljeur v. Aurora Hotel Group, 2023 ONSC 1324, the employer (a golf course) terminated one of its managers without cause. The manager was 56 years old and had worked at the golf course for 3 years. ...
This is an update to our blog post on May 8, 2023. The Pay Transparency Act (the Act) in BC was passed on May 11, 2023. Here is a link to our previous post summarizing the proposed new Act. Some parts of the Act come into force this year. For instance, starting on November 1, ...
On March 9, 2023, the BC government passed legislation to make September 30th a statutory holiday. This makes National Day for Truth and Reconciliation a provincial holiday in BC. Previously it was only a statutory holiday for federally regulated employees in BC, and some provincially regulated employers in BC chose to recognize it. This holiday ...
On June 1, 2023, the minimum wage in BC will increase from $15.65 to $16.75 per hour. This 6.9% increase was based on the inflation rate for 2022. In 2022, the increase to the wage rate was only 2.8%. The increase to the minimum wage is confirmed in the Employment Standards Regulation (pursuant to the ...
In Forbes v. Glenmore Printing Ltd., 2023 BCSC 25, the Supreme Court of BC had to consider the validity of a termination clause in an employment contract. In this case, the terminated employee was arguing that the termination clause was invalid and therefore he was entitled to reasonable notice at common law. The employee argued ...
In March 2023, BC introduced proposed legislation titled the “Pay Transparency Act”. The legislation is not yet passed, but if passed it would impose several requirements on employers in BC. First, the Act will require employers to disclose salary or wages for publicly advertised job opportunities. Second, the Act will prohibit employers from taking action ...
In my blog post on April 26, 2022, I summarized a BC Supreme Court decision in the case of Gibralter Mines – view that post here. The BC Court of Appeal has now overturned that decision and therefore lowered the threshold for proving family status discrimination in employment in BC. Facts Ms. Harvey and her ...
In GG & HH Inc. v 2306084 Alberta Ltd., 2022 ABQB 58, a judge set aside an injunction to enforce restrictive covenants against three former employees at a pharmacy. GG & HH Inc. (“GG & HH”) operated several pharmacies in Calgary and brought a claim against three former employees alleging that they breached their ...
It is no secret that disputes ranging from human rights complaints to civil actions can arise between employers and employees. More often than not, these claims are settled prior to trial or a hearing. As a condition of these settlements, employers will often require a release. Many employers place significant value on a confidentiality clause ...
