Labour and Employment Law Blog

Federally regulated employers in the private sector should mark their calendars for September 1, 2020, when changes to the Canada Labour Code (“Code”) and the new Standards for Work-Integrated Learning Activities Regulations (the “Regulations”) will come into force.

These upcoming legislative changes are part of the federal government’s ongoing ...

In the recent decision of Uber Technologies Inc. v. Heller, 2020 SCC 16 (“Heller”), the Supreme Court of Canada (“SCC”) found that the arbitration clause in Uber’s standard form service agreement with its drivers was invalid.

This decision clears the way for the proposed class action lawsuit brought by David Heller on behalf of Ontario Uber drivers. If that class ...

In A-Teck Appraisals Ltd. v Constandinou, 2020 BCSC 135 (“Constandinou”), the B.C. Supreme Court stayed a wrongful dismissal action on the basis that it was precluded by the arbitration clause in the former employee’s employment contract. The B.C. court took a different approach than the Ontario Court of Appeal in Heller v. Uber Technologies Inc. et al, 2019 ONCA 1 ...

On May 4, 2020, the B.C. government passed an Order in Council to add a new provision to the BC Employment Standards Regulation (the “Regulation”) during the current provincial state of emergency. Temporary layoffs related to COVID-19 can now last up to 16 weeks in a 20 consecutive week period without triggering termination of employment.

This is the second change to ...

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 ...

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 ...

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 ...

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 ...

On January 1, 2020, changes to the Northwest Territories Employment Standards Act (the “Act”) and the Employment Standards Regulation (the “Regulation”) came into force. The substantive changes include new job-protected leaves of absence, additional restrictions on youth employment, and new protections for domestic workers. These amendments follow ...

A recent Ontario Superior Court decision highlights why it is important for purchasers of a business to carefully consider and address employment liability issues. In Manthadi v. ASCO Manufacturing, 2019 ONSC 5572 (“Manthadi”), the Court ordered the purchaser of a business to pay an employee damages based on a 20 month reasonable notice period, despite the fact that ...