What to do if an Employee Tests Positive for COVID-19?

09. November 2020 0
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 ...

The New Public Health Order and What it Means for Your Workplace

09. November 2020 0
On November 7, in response to surging COVID 19 numbers, Dr. Bonnie Henry issued a Public Health Order placing further restrictions on British Columbians residing in the Greater Vancouver Regional District and the Fraser Health District. The order came after BC recorded 589 new COVID-19 cases on Friday and another 567 on Saturday. Dr. Henry ...

Employers Beware – Attempting to Address Systemic Inequality is Not Enough

03. November 2020 0
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 ...

Why It’s Important to Put It in Writing

26. October 2020 0
Many employers and businesses fail to put employment and contractor agreements in writing. They do this for a variety of reasons ranging from they don’t know how to draft the agreement to they don’t want to do it because they have a more informal workplace and they like it that way. Some businesses don’t want ...

How will the courts factor COVID-19 into determining severance?

16. October 2020 0
The well-established factors that must be taken into consideration when assessing the amount of notice that a without cause terminated employee is entitled to include: age of the employee; nature of the employment; length of the employment; and availability of similar employment having regard to the experience, training and qualification of the employee. It is ...

The Pitfalls of Incentive Plans Supreme Court of Canada – Ruling in Matthews v. Ocean Nutrition Canada Inc.

13. October 2020 0
The Supreme Court of Canada provided its reasons today in Matthews, finding that a constructively dismissed employee was entitled to payment under an incentive plan, despite clear wording in the plan that excluded entitlement. Mr. Matthews was one of the original employees of Ocean Nutrition. His compensation included a significant change of control payment, although ...