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On Monday April 9, 2018, B.C.'s provincial government introduced Bill 6, which amends the B.C. Employment Standards Act to provide for new and extended leaves for employees. Bill 6 is a preliminary step in the government’s intended overhaul of the Employment Standards Act, with further amendments expected to be proposed in the future. The new and extended leaves are ...

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In the recent Ontario decision Cook v. Hatch, 2017 ONSC 47, Lederer J. wrote that "if the parties to a contract seek to limit the notice requirements in the event of a termination but understand that they are bound by the minimum requirements of the applicable legislation, such a provision is not difficult to draft."

Nevertheless, drafting effective termination clauses that ...

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Issues regarding procedural fairness in workplace investigations are on the rise. This is a good time to review standards of fairness and provide investigation tips we often share with clients. 

Employers conduct investigations in a number of different contexts, including Workers’ Compensation incidents, bullying and harassment complaints, and employee ...
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Alberta’s Court of Appeal has upheld the decision of the Court of Queen’s Bench granting the Union’s request for an interim injunction. The interim injunction blocks Suncor’s random drug testing policy at the Regional Municipality of Wood Buffalo site. The injunction will apply until the underlying arbitration is decided; a final decision will be made either by ...

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Organizations often only become aware of their privacy obligations after a complaint is made to the Privacy Commissioner or a privacy breach has occurred. All British Columbia organizations should proactively ensure that their privacy policies and procedures are in compliance with the Personal Information and Protection Act (“PIPA”). PIPA applies to the ...

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Premier John Horgan announced today the next steps in British Columbia's planned move toward a $15 per hour minimum wage, which was a central component of the NDP's political platform in the 2017 provincial election. The provincial government will raise the minimum wage in British Columbia from its current rate of $11.35 per hour to $12.65 by June 2018.

The announcement ...

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Last week, we discussed a recent Ontario case where four former employees of Soulpepper Theatre filed sexual harassment suits alleging sexual touching, groping and harassment over a period 13 years. Harassment in the workplace can take many different forms, and despite the recent Hollywood #TimesUp campaign, bullying remains a serious and persistent problem in the ...

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Weinstein, #TimesUp, #MeToo, #WhyWeWearBlack. Sexual harassment in the workplace is being talked about more than ever, and the Hollywood movement has shone a particular light on how power imbalance may lead to vulnerable workers being taken advantage of in the workplace.

A recent Ontario case is a prime example. Four female former employees of Soulpepper Theatre have ...

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Posted in Human Rights

In today’s Supreme Court of Canada decision in British Columbia Human Rights Tribunal and Schrenk, a split court held that British Columbia’s Human Rights Code provides protection to employees from the discriminatory conduct of persons unrelated to their own employer, provided that the discriminatory conduct arose in their employment setting.

The facts of the case ...

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The decision of Mr. Justice Paul Belzil in the Alberta Court of Queen’s Bench granting an interim injunction to block Suncor’s random drug testing policy has now been released. The Court applied the three part test for an injunction: there is a serious issue to be tried, there will be irreparable harm if the injunction is not granted, and the balance of convenience favours ...

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About Us

Lawson Lundell's Labour and Employment 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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