Facts The plaintiff in Wilson v. Pomerleau Inc., 2021 BCSC 388 was employed by the defendant construction company as chief estimator for the BC region. In his role as chief estimator, the plaintiff supervised a team of 2-6 individuals. He had a base salary of approx. $174,000 and participated in an annual profit sharing program ...
The BC Human Rights Tribunal issued a screening decision on April 8, 2021 in the case of a worker who refused to wear a mask at a job site. The worker was contracted for a job. When he arrived at the site, the supervisor asked him to wear a mask. The worker refused based on ...
In the ongoing fight against COVID 19 and in particular in response to the recent surge in cases, the BC Provincial Health Officer has announced new workplace closure powers. These were announced on April 8 and are in effect as of April 12. The order authorizes British Columbia WorkSafeBC officers to operate under the Public ...
On June 10, 2020 Ryan Chan posted about the summary trial in the matter of Nagy v. William L. Rutherford (B.C.) Limited, 2020 BCSC 324, which can be read here. That decision was appealed and Deanna Froese now reviews the recent appeal decision in Nagy v. William L. Rutherford (B.C.) Limited, 2021 BCCA 62 that ...
The BC Human Rights Tribunal issued a screening decision on March 31, 2021 in the case of a customer who refused to wear a mask in a grocery store. The store’s security guard asked the customer to wear a mask. The customer said she was exempt from wearing a mask but refused to say why. ...
An annual review of your progressive discipline policy is good HR practice. Is your policy helping you to change unwanted behaviours? Are your employees aware of the policy and do they understand how it works? Is the policy helping you to communicate expected behaviour in the workplace? Is the policy being consistently and appropriately applied ...
In a recent decision, the Ontario Superior Court of Justice found that a termination provision was unenforceable because it would violate Ontario’s Employment Standards Act if the employee’s role changed or the employer grew in size. Facts Chris Rutledge was a construction worker with Canaan Construction. Ontario’s employment standards legislation provides that “construction employees” are ...
Lazy F-D Ranches and Hay Sales Ltd. (Re), 2020 BCEST 110 Facts The employer, Lazy F-D Ranches and Hay Sales Ltd., filed an appeal of a determination issued by the Director of Employment Standards. The employer was ordered to pay overtime and statutory holiday pay to a worker. At the crux of the employer’s appeal ...
Koski v. Terago Networks Inc., 2021 BCSC 117 Koski was dismissed without cause and without notice after 13 years of employment. Although he had an employment contract, it did not include a termination clause. The court found that Koski was entitled to 13 months of notice. The court also found that Koski was entitled to ...
Employers are required to have a bullying and harassment policy in place and a key component to that policy is the investigation procedure. Taking the time to consider the components of an appropriate investigation procedure for your specific workplace and reviewing that policy on a regular basis, can help lessen the potential financial liability and ...
