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For the first time in over two decades, an independent review of the Employment Standards Act, R.S.B.C. 1996, c. 113 (the "Act"), is underway.  The review is being conducted by the British Columbia Law Institute's Employment Standards Act Reform Project (the "Project").  The Ministry of Labour is a participant observer in the Project.  Given the ministry's involvement, it is ...

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While ongoing discussions of harassment have mainly been situated in the human rights register (see our own series of posts on our Labour and Employment Law Blog), employers should also be aware of possible liability in the civil context.  Tort law allows complainants to sue for damages for harm visited upon them by another.  Traditional torts that might apply in a case of ...

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Last week, we posted about the usefulness of probationary periods, both for unionized and non-unionized workers.

In each Canadian jurisdiction, there are rules under employment standards legislation regarding the period of employment during which a non-unionized employee can be dismissed without cause and without notice or pay in lieu of notice. If the probationary ...

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Many savvy employers incorporate probation clauses into employment agreements with new employees. Courts have recognized the legitimacy of such clauses, which have the effect of putting the employee on notice that the employee's performance is being evaluated and that the employee must satisfactorily pass the probationary period if the employee is to continue ...

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A recent decision of the Office of the Information & Privacy Commissioner ("OIPC") addresses the scope of information that an unsuccessful job applicant may be able to access pursuant to privacy legislation.  The decision stems from an information request by a number of job applicants for access to records pertaining to their applications to work for Compass Group Canada ...

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Tags: OIPC, PIPA

Given that Canada Day falls on a Sunday this year, there appears to be some confusion among employers regarding which day attracts statutory holiday pay under the Employment Standards Act, (“the Act”). This year the Canada Day statutory holiday will occur on Monday, July 2nd instead of Sunday, July 1st. This means that employees who have been employed for 30 calendar ...

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On the evening of June 18, 2018, the Senate passed Bill C-45, an Act respecting cannabis and to amend the Control Drugs and Substances Act, the Criminal Code and other Acts (the “Act”), as amended. The Bill still needs to receive Royal Assent. Prime Minister Trudeau announced today that the legislation will take effect on October 17, 2018.

Under the Bill’s transitional ...

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In a pair of recent decisions originating from British Columbia, the Supreme Court of Canada appears to be putting employers on notice that their responsibilities and liabilities may extend beyond their own front door.

In December 2017, the Supreme Court of Canada released its decision in British Columbia Human Rights Tribunal v. Schrenk (2017 SCC 62), that we discussed in ...

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Does your business or organization offer goods and services overseas? Or otherwise collect or use personal information of Europeans? If so, you may find yourself unwittingly caught by Europe's new privacy regulations.

The General Data Protection Regulation (GDPR) is the European Union's (EU) new privacy law and it came into force on May 25, 2018. The GDPR applies not only ...

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A former flight attendant of WestJet, Mandalena Lewis, has commenced a class action lawsuit on behalf of a proposed class of WestJet employees, alleging that the company breached its promise to provide a harassment-free workplace.

Ms. Lewis alleges that she suffered sexual assault at the hands of a pilot who had previously engaged in similar behaviour with another flight ...

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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. 

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