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At the time of writing, more than 1,600 people have died in Canada due to COVID-19. The total number of confirmed cases is over 35,000. Given the magnitude and the seriousness of COVID-19, it was astonishing to read about an 18 year old girl from Hamilton, Ontario, who forged a medical note from her doctor stating she had tested positive for the virus. Not only did this excuse the ...

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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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NOTE: The blog below has become outdated. To get the most up to date information on CEWS please read this blog instead: The Canada Emergency Wage Subsidy: Helping Employers Keep Employees 

On April 8, 2020 the federal government announced additional guidance on the eligibility criteria for businesses to access the Canada Emergency Wage Subsidy (“CEWS”). An initial ...

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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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NOTE: The blog below has become outdated. To get the most up to date information on CEWS please read this blog instead: The Canada Emergency Wage Subsidy: Helping Employers Keep Employees 

The following is a summary of the details released, to date, on the federal government’s proposed Canada Emergency Wage Subsidy (the “Wage Subsidy”). This program has not yet been ...

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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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A recent decision of the British Columbia Human Rights Tribunal (the “Tribunal”) held that a professor telling a subordinate employee (the “Complainant”) that “you will have to let me know if this is a misstep but I am crazy about you” (the “Comment”) did not constitute sexual harassment pursuant to the B.C. Human Rights Code.

Background Facts

The ...

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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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About Us

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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