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    Associate

    Jim is an associate in the firm’s Labour, Employment and Human Rights group. Jim advises and represents clients on a variety of labour and employment issues, including grievance arbitrations and mediations, human rights ...

The holiday season is approaching, and many employees will be taking well-earned vacation. It is a good time for a refresher on statutory vacation requirements under the British Columbia Employment Standards Act (the "Act").

British Columbia employers must give employees who are subject to the Act both vacation time off of work and vacation pay.

Vacation Time

Employers ...

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In February 2018, the British Columbia Minister of Labour appointed an independent panel to review the Labour Relations Code (the "Code") and recommend changes. The panel's report was publicly released on October 25, 2018. The report, entitled Recommendations for Amendments to the Labour Relations Code, sets out 29 recommendations.

Notably, the report recommends:

  • The ...
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The big day has arrived. On October 17, 2018, the federal Cannabis Act came into force, legalizing cannabis and related products for recreational use. In our October 17th post we provided some top tips for employers in a previous post.  

Since the federal government announced legalization, the practical impact of legal cannabis on employers has been unclear, causing a good ...

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In our June 28 blog post, we wrote about calculating holidays and holiday pay for employees working in British Columbia who are entitled to holiday pay. With Labour Day approaching, we thought we would revisit the topic.  

Did you know that there are many employees who do not have any entitlement to statutory holidays under the British Columbia Employment Standards Act

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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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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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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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In the fast-paced world of payroll, mistakes occasionally happen leading to overpayment of employees. It is tempting to correct such overpayment by simply deducting the overpaid amount from the employee's next paycheque. British Columbia employers may be surprised to learn that, except in certain circumstances, this method of recovery is impermissible.

Section 21(1 ...

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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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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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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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