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In a recent decision, Waksdale v. Swegon North America, 2020 ONCA 391, the Ontario Court of Appeal (“ONCA”) held that a “without cause” termination provision in an employment agreement was unenforceable because a separate “with cause” termination provision did not comply with the Ontario Employment Standards Act, 2000 (the “ON ESA”).

Mr. Waksdale had ...

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The B.C. government has announced that the allowable length of a temporary layoff period under the Employment Standards Act will be further extended during the COVID-19 pandemic, from 16 weeks (within a 20 week consecutive period) to a maximum of 24 weeks. The text of the amended legislation has not yet been released. Read the government news release here.

Our previous blog ...

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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 ...

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It is astonishing that in the same week that we’ve read about astronauts going into space in a reusable rocket, we have also experienced the horrors of humanity reading about the killings of George Floyd, Ahmaud Arbery and Breonna Taylor. It is a horrific paradox and many of us are asking – what can I do? And we in Lawson Lundell are also asking ourselves what can we do? How can ...

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In our earlier two blog posts, Returning the Workplace to Safe Operation: Part 1, Part 2, we addressed the occupational health and safety issues surrounding returning the workplace to safe operation. This blog post addresses the employment issues related to managing the return of employees to the workplace from temporary layoff or working from home. Beyond advising ...

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On June 1, 2020, hourly minimum wage rates were increased in British Columbia.

Details of the increase include:

  • General minimum wage increases 5.4% to $14.60 per hour, an increase of $0.75 per hour.
  • Liquor server minimum wage increases 9.8% to $13.95 per hour, an increase of $1.25 per hour.
  • Resident caretaker minimum wage, per month, increases 5.4% to $876.35 for those who ...
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This is the second in a two part series on ‘Returning the Workplace to Safe Operation’. This part deals with the renewed significance of existing OH&S requirements in the context of COVID-19. Before considering these OH&S requirements, we will first provide an update on Part 1 of this two part series issued on May 14, 2020.

Part 1: Updates on the requirement for a Safe ...

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You can find our previous blog post on the Canada Emergency Wage Subsidy here.

Finance Minister Bill Morneau announced today that the 75% Canada Emergency Wage Subsidy (the “Wage Subsidy”) will be extended for an additional 12 weeks to August 29, 2020. It was originally set to expire on June 6, 2020. The announcement indicates that the Government will be consulting with ...

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This is the first in a two part series on 'Returning the Workplace to Safe Operation. Part two will be posted on Tuesday, May 19. 

Part 1: New occupational health and safety requirements to ensure your workplace is safe from the spread or introduction of COVID-19

Canadian provinces and territories are now beginning the gradual process of reopening the economy in the wake of ...

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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 ...

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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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