News & Publications Results

On April 24, 2013, WorkSafeBC announced the approval of new Occupational Health and Safety Workplace Bullying and Harassment Policies, which come into effect on November 1, 2013.

Policy D3011502, titled Employer Duties – Workplace Bullying and Harassment, sets out minimum requirements for employers to satisfy their obligation to take all reasonable steps to ensure the health and safety of workers and their obligation to inform, instruct, train and supervise workers to ensure their safety and those of other workers (sections 115(1)(a) and 115(1)(c) of the Workers Compensation Act).

Lawson Lundell has been named by Chambers Global, an independent third party legal services guide, in eight practice categories: Aboriginal; Dispute Resolution in British Columbia; Employment and Labour; Energy; Environmental; Mining; Pensions and Benefits; and Real Estate.

Chambers Global 2013 recognizes 13 Lawson Lundell lawyers in nine practice areas including: Aboriginal Law, Environment, Mining and Projects Mining: Leading Canadian Firms (Latin America-wide), Pension & Benefits, Energy: Power (Regulatory), Employment & Labour,  Real Estate and Dispute Resolution.

Ritu Mahil's article, "Women's day brings legal rights in workplace closer to home", discusses two recent rulings that provide some clarity on how "family status" is interpreted in court.

The Supreme Court of Canada decision in R v Cole, 2012 SCC 53 may have a significant impact on how employers manage the use of digital devices in the workplace. While a constitutional and criminal decision at its core, the case nevertheless recognizes the importance of employees’ reasonable expectation of privacy when using work computers and other digital devices.

The following articles can be found in this bulletin:

* Welcome Chris Beneteau
* Federal Employee Disabled by Work Related Injury Protected Indefinitely
* Refusal to Return to Work Constitutes Just Cause
* Injunction Not Granted for Breach of Non-Solicitation Clause
* Refusal to Bargain Monetary Issues Constitutes Bargaining in Bad Faith

Best Lawyers® in Canada 2013 recognizes 31 Lawson Lundell lawyers in 19 practice areas with six lawyers being named Lawyer of the Year. The firm is top-listed in Canada in Aboriginal Law and in Vancouver for Banking and Finance, Employee Benefits Law and Energy Regulatory Law.

Chambers Global 2012 recognizes Lawson Lundell in the following practice areas: Aboriginal Law, Environment, Mining, Projects: Mining (Latin America-wide), Pension & Benefits, Employment & Labour, Energy: Power (Regulatory) and Real Estate. 

In the recent decision the Court of Appeal for British Columbia held that an employee who quit his job after being given working notice of termination of employment was nevertheless entitled to sue for damages for wrongful dismissal for the period of reasonable notice in excess of the notice given.

This article, published in the December 2011 issue of Small Business Profit Guide, discusses employee privacy rights for information stored on work computers and the importance of adopting a well-conceived policy on computer usage.

The best way to protect your company from being found in violation of employee privacy is to adopt a well-conceived policy on computer usage and enforce it consistently.

The following articles can be found in this bulletin:

* Welcome back Deborah Cushing
* Insubordination and Just Cause Dismissal: Considerations for Employers
* British Columbia's Minimum Wage Increased on November 1, 2011
* Proposed Amendments to the Workers Compensation Act - Mental Stress
* Temporary Foreign Workers - Meeting the "Substantially the Same" Requirement

Financial pressures often prompt an employer to review the benefits provided to employees and former employees in order to determine whether changes can be made that would decrease the cost of those benefits. Other times an employer will make changes to the benefits it offers in order to attract new employees or to better respond to the demographics of its workforce. This paper explores some of the more common changes employers make in respect of the benefits they offer to active and retired employees and highlights the more significant restrictions on an employer’s ability to implement those changes.

This bulletin contains information on employee voting time entitement during federal elections. Also discussed is whether employees have a reasonable expectation of privacy over their computer data.

This bulletin provides details on the recent minimum wage announcement in BC. This bulletin also discusses the recent changes to temporary foreign worker regulations that come into force on April 1, 2011.

In a recent case, the British Columbia Court of Appeal found that Coast Mountain Bus Company’s attendance management program discriminated against employees with disabilities and was not justified on the basis of bona fide occupational requirements.

This summary provides an update of a case reviewed at our recent client seminar. The Ontario Court of Appeal has overturned a lower court's decision awarding damages for the negligent infliction of mental suffering in employment. Contrary to the trial level judgment, the court found that an employer does not have a duty to protect employees throughout the course of their employment from actions which might cause them mental distress.

The Office of the Information and Privacy Commissioner of Alberta has recently found that an employer who conducted pre-employment credit checks of applicants for the position of retail sales associate had breached the requirements of the Alberta Personal Information Protection Act ("PIPA").

Upon proclamation of amendments to the Motor Vehicle Act, the use of handheld electronic devices while driving or operating a motor vehicle will be prohibited in British Columbia effective January 1, 2010.

Employers should ensure that their employees are informed of the new legislation and required to comply with the law when operating any motor vehicle for business purposes, whether the vehicle is personally owned or provided by the employer.

A recent decision of the B.C. Supreme Court, Besse v. Dr. A.S. Mechner Inc., 2009 BCSC 1316, serves as a reminder that employers do not have the right to lay off employees temporarily (and without severance) unless this right is specified in the employment agreement.

Patricia Gallivan, Q.C., has been honoured as a recipient of the Lexpert Zenith Award.