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  • Posts by Nicole K. Skuggedal
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    Nicole practises in all areas of labour and employment law, including advising clients on wrongful dismissal, labour relations, human rights and privacy issues.

    Nicole has represented clients in matters involving labour ...

The Ontario Court of Appeal in Dawe v. The Equitable Life Insurance Company of Canada, 2019 ONCA 512 (“Dawe) confirmed that 24 months constitutes “the high end of the appropriate range of reasonable notice” for employee dismissal, and only “exceptional circumstances” will support a notice period in excess of 24 months. 

At the time of his dismissal, the ...

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An Ontario court recently confirmed that an employee’s desire to return to work does not on its own trigger a duty to accommodate

In Katz Group Canada Ltd. v. Clarke, 2019 ONSC 2188, Mr. Clarke's employment was terminated following a five year absence, after the long term disability provider told the employer that Mr. Clarke was unable to perform the essential duties of the ...

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On April 30, 2019, the British Columbia government introduced Bill 30, Labour Relations Code Amendment Act, 2019 in the British Columbia Legislative Assembly.

Bill 30 follows the recommendations set out in Recommendations for Amendments to the Labour Relations Code (the "Labour Relations Code Report"), a government-commissioned report from an independent panel ...

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On April 29, 2019, Labour Minister Harry Bains introduced in the Legislative Assembly of British Columbia for first reading Bill 8, the Employment Standards Amendment Act, 2019. If passed into law, Bill 8 will be the first major revision of the Employment Standards Act (the "ESA") in about 15 years.

Bill 8 introduces a number of changes to the ESA. Notably, the proposed ...

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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. Ruston was advised that his employment was terminated for cause because he ...

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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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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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    Today the master and servant relationship between Ebenezer Scrooge and his clerk Bob Cratchit appears to our eyes an anachronism. For starters, Scrooge's penny-pinching ways would likely have him offside of employment standards provisions guaranteeing workers a minimum wage and paid statutory holidays.

    In the modern world of employment, employers realize that ...

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    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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    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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