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Nitrogen Studios, the Vancouver animation firm behind the animated film Sausage Party, was recently ordered by the BC Employment Standards Branch to pay overtime pay to non-unionized animators on the basis that its employees did not fall within the “high technology professional” exemption in the Employment Standards Regulation. The animators claimed that they ...

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A recent BC Supreme Court case is yet another reminder that courts will carefully scrutinize any term which purports to displace an employee’s common law entitlement to reasonable notice of termination of employment, particularly where the term has not been clearly and unambiguously communicated and accepted by the employee. Employers can contract out of the ...

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The Ontario Court of Appeal in Ruston v. Keddco Mfg (2011) Ltd., 2019 ONCA 125, upheld the lower court’s decision awarding over $1.1 million in damages in a wrongful dismissal action.

Facts

Mr. Ruston, the President of Keddco, was terminated after 11 years of service. At the termination meeting, Mr. Rushton was advised that his employment was terminated for cause because ...

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Posted in Pensions, Tax

On March 19, 2019, the Federal Government tabled its latest budget, which introduces changes to the tax rules applicable to contributions to Specified Multi Employer Plans (SMEPs) in respect of employees over age 71 and re-employed retirees.

What are the CURRENT Contribution Rules for SMEPs for Older Members?

In general, the Income Tax Act (Canada) (ITA) prohibits an ...

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The B.C. Court of Appeal released a decision last week on Lewis v. WestJet Airlines Ltd., a case we reported on our blog last May. The Court of Appeal upheld the B.C. Supreme Court’s decision that the proposed class action lawsuit should not be dismissed at an early stage, because it does disclose a reasonable cause of action and is not bound to fail.

This case is of key ...

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On February 18, British Columbians will join Canadians in several other provinces to celebrate Family Day. It is an opportunity to spend time with the people who are, for many Canadians, the most valuable aspect of their lives. The fact that some provinces have declared a statutory holiday for this purpose reinforces the truth of the old adage – there is nothing more ...

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Employers are increasingly concerned about preventing sexual harassment in the workplace – not only to ensure that all workers are given an equal opportunity to thrive in a safe and respectful workplace environment, but also because of concerns around vicarious liability, class actions, and PR scandals.

Based on our experience advising clients with respect to ...

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This week, the British Columbia Business Council (the “BCBC”) released its latest Collective Bargaining Bulletin containing collective agreement wage settlement data up to the end of November 2018 (the “Bulletin”). The Bulletin provides useful information for employers preparing for collective bargaining in 2019. 

Key highlights from the Bulletin include:

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    Lawson Lundell LLP is pleased to welcome Ryan Berger, a distinguished employment and privacy lawyer, as a partner based in Lawson Lundell’s Vancouver office.

    Ryan has practiced commercial and employment litigation for over 19 years, with a growing emphasis on data, privacy and business confidentiality issues. He has significant experience advising employers in a ...

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    Brianne Duke filed a BC Human Rights Tribunal complaint, 2018 BCHRT 283, that when shopping at a grocery store operated by Sobey’s in Burnaby, she was approached by an employee who told her inappropriate jokes referencing sex. Ms. Duke alleged that the behaviour by the Sobey’s employee amounted to discrimination on the basis of sex contrary to the (British Columbia ...

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    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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