Understanding Job Protected Leaves

All workers in BC are covered by the British Columbia Employment Standards Act (the “Act”).  The Act provides employees with a number of job protected leaves, some of which are paid and most of which are unpaid. These leaves trigger duties and responsibilities on employers.  There are a variety of different types of leaves and ...

Interim Order 8 Impacts Severance Payments on Terminations After September 27, 2020

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 ...

Courts Continue to Carefully Consider the Legal Effect of Temporary Layoffs, Even Where an Employee Initially Agreed to It

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 ...

BC Moves to Step 3 of Restart Plan

More restrictions are being lifted in British Columbia on July 1 as the province moves to step 3 of its restart plan, which is a significant step towards normalcy.  The state of emergency due to COVID-19 will end on June 30 at 11:59 p.m.  With the end of the state of emergency, life for British ...