Many employers establish policies that they expect their employees to follow, but a policy is not likely to be followed if there are no consequences for an employee who chooses not to do so.  If an employer wants to use the stick of discipline and possible termination of employment for cause for a breach of policy, the employer should take note of the following guidance.

In order ...

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Two recent decisions from the Ontario Court of Appeal demonstrate that courts are moving away from assessing the severity of sexual harassment on a “spectrum,” and towards treating every incident of sexual harassment as serious.

Render v. ThyssenKrupp Elevator (Canada) Limited (2022 ONCA 310) dealt with a manager who was terminated after a single incident of ...

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“I gotta get out of here before I slap someone,” said actor Jim Carrey discussing his decision to retire. He was, of course, referring to the now famous moment during the Oscars where Will Smith essentially attacked a co-worker, Chris Rock, who was doing his job.

Much fun and nuanced commentary has been provided about the Oscars slap, including discussions about how the ...

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On April 6, 2022, Bill 10 – 2022 Labour Relations Code Amendment Act, 2022 (“Bill 10”) received its first reading. If passed, Bill 10 will introduce two significant amendments to the BC Labour Relations Code (the “Code”):

  

  1. Return to a “card based” certification process – i.e. union certification without a vote.
  2. Yearly opportunity for rival unions to ...
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Further to our previous blog post on paid sick days, the British Columbia government has just announced amendments to paid sick days under the Employment Standards Act. The amendments are:

  • Calendar Year: The current language in the Act says that employees are entitled to five paid sick days in “each employment year.” This was administratively burdensome for employers ...
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On February 28, 2022, the Government of Ontario introduced Bill 88, Working for Workers Act, 2022 (“Bill 88”), which if passed, would introduce new legislation regarding digital platform workers, as well as amending the Employment Standards Act, 2000 (“ESA”) and other statutes. Read on to find out the key points in Bill 88 that may affect your business.

Digital ...

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Employers commonly seek our advice on issues related to maternity and parental leave. Here are some of our most frequently asked questions:

Q: Can I ask a candidate for employment whether or not they are pregnant, or whether they are planning on starting a family? I need to know to minimize disruption to my small business.

A: It is generally inadvisable to ask such questions ...

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Twenty years ago, a really entertaining movie came out called “Catch Me if You Can”, which featured Leonardo DiCaprio as a con artist who found work as a doctor, lawyer, and pilot by forging his credentials.

That film highlighted how far charm and confidence can get someone in the hiring process. Recently, we had our own version in British Columbia where a woman worked as a ...

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Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code (“Bill C-3”) amends the Canada Labour Code (the “Code”) to provide federally regulated employees with the following:

  • Ten days of paid sick leave per calendar year; and
  • Increases to unpaid bereavement leave in the event of a death of a child or a stillbirth.

The following is a summary of the new ...

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On January 7, 2022, BC’s Provincial Health Officer once again directed all BC employers to implement a COVID-19 Safety Plan. This is part of the province’s response to the recent surge of COVID-19 cases and hospitalizations fueled by the Omicron variant.

The legal requirement to a COVID-19 Safety Plan is not new to employers. Employers were required to put such a plan in ...

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About Us

Lawson Lundell's Labour and Employment Law Blog provides updates on the most recent legal developments impacting the Canadian workplace and offers practical tips for employers. We cover a range of topics, including labour relations, employment law, collective bargaining, human rights, employment standards, employment equity, workers' compensation, business immigration, privacy, occupational health and safety and pensions and employee benefits. 

Legal Disclaimer: The information made available on this webpage is for information purposes only. It does not constitute legal advice, and should not be relied on as such. Please contact our firm if you need legal advice or have questions about the content of this webpage. 

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