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    Rob is the head of the Labour, Employment and Human Rights Group at Lawson Lundell. His practice focuses on management-side labour and employment law. He advises on labour and employment aspects of commercial transactions and ...

The B.C. Employment Standards Branch (“ESB”) has recently published guidance on how business closures and staffing reductions related to the COVID-19 pandemic may exempt British Columbia employers from the obligation to provide employees with statutory termination notice or pay in lieu of notice.

The B.C. Employment Standards Act (“ESA”) sets out the minimum ...

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On April 6, 2020, the Alberta government issued a Ministerial Order to enact temporary changes to the province’s employment standards legislation, with the stated intention of providing job protection for workers and flexibility for employers during the COVID-19 pandemic.

Alberta has been in a state of public health emergency since March 17, 2020. On March 17, 2020 ...

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On March 23, 2020, the British Columbia government passed two amendments to the B.C. Employment Standards Act, RSBC 1996, c. 113. There are now two new unpaid, job-protected leaves of absence for eligible B.C. employees: sick leave and COVID-19 related leave. Unfortunately, the changes do not provide much relief to B.C. employers. In particular, B.C.’s inflexible ...

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There have been several developments across the country since our previous blog post (Keeping Cool: An Employer’s Guide to COVID-19 in the Workplace). On March 17, 2020, British Columbia declared a state of emergency. It is initially in effect for 14 days, but may be extended or rescinded as necessary. Other provincial governments across the country are taking similar ...

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COVID-19 has now been characterized as a pandemic by the World Health Organization. Although the number of reported cases in Canada is currently low in comparison to some other countries, public health authorities have cautioned that this situation may change rapidly. As part of this quickly changing situation, employers need to be prepared to address related workplace ...

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In the recent case of Quach v. Mitrux Services Ltd., 2020 BCCA 25 (CanLII), the British Colombia Court of Appeal clarified how mitigation applies to fixed-term contracts, commented on when aggravated damages may be awarded in wrongful dismissal cases, and mused about the necessity of fresh consideration to ensure the enforceability of new contractual terms.

In this case ...

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Many employers seem to think there is an advantage to having a fixed-term employment contract with an employee.  The usual rationales are that it sets the parties’ expectations for a period of employment and that either party can walk away at the end of the term, without any further obligation to the other.   These are reasonable rationales…when the employment ...

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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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This is probably not the first article you will read today on cannabis. Cannabis is now legal in Canada, but strictly regulated. Due to the intersection between human rights, privacy, and occupational health and safety laws, employers often have a challenging task in ensuring their employees are free from impairment.

Here are our top tips for employers:

  1. Have an up-to-date ...
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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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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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