Labour and Employment Law Blog

In the recent decision of Parmar v. Tribe Management Inc., 2022 BCSC 1675, the BC Supreme Court held that placing an employee on unpaid leave because they refused to get the COVID-19 vaccine did not amount to constructive dismissal. This case is one of the first civil court decisions in Canada that considered the validity of mandatory vaccination policies where employees ...

In 2018, after several years of working at Buzzfeed, Keith Habersberger, Ned Fulmer, Zach Kornfeld, and Eugene Lee Yang started 2^nd Try, LLC (“2^nd Try”). 2^nd Try is a California production company, created and managed by the four individuals (a.k.a. the “Try Guys”). The Try Guys produced and starred in original video content wherein – you guessed it – they try ...

Following the passing of Her Majesty Queen Elizabeth II on September 8, 2022, the federal government announced earlier this week that September 19, 2022, will be a National Day of Mourning in Canada. This coincides with Her Late Majesty’s State Funeral in London and signifies the end of the official period of mourning in Canada. The full press release can be found here.

As ...

Is your organization on the right track toward accessibility, diversity and inclusion? As of June 2021, the Accessible British Columbia Act (the “Act”) is law in British Columbia. The Act’s intent is to make the province more inclusive, including for persons with disabilities.

Earlier this year, the government released the first regulation under the Act, the ...

We often assist employers in defending claims by managers who allege that the employer failed to pay overtime. In this blog post, we explore some of the common pitfalls we see in such cases.

Many employers assume that managers are never entitled to additional pay for any additional hours worked, and that the manager’s wage or salary is their entire entitlement to ...

On July 15, 2022 the federal government released its proposed Regulations Amending Certain Regulations Made Under the Canada Labour Code (Medical Leave with Pay) (the “Proposed Regulations”), with respect to paid sick leave for federally regulated employees.

As summarized in our earlier blog post, employees are entitled to a maximum of 10 days sick leave per year ...

Employers and employees saw the workplace change rapidly since March 2020. After a whirlwind of workforce changes and policies, litigation on the appropriateness of COVID-19 workplace measures is working its way through the courts, and the Alberta Court of Queen’s Bench has recently released a decision on masking. In the recent decision, Benke v Loblaw Companies ...

Many employers establish policies that they expect their employees to follow, but a policy is not likely to be followed if there are no consequences for an employee who chooses not to do so.  If an employer wants to use the stick of discipline and possible termination of employment for cause for a breach of policy, the employer should take note of the following guidance.

In order ...

Two recent decisions from the Ontario Court of Appeal demonstrate that courts are moving away from assessing the severity of sexual harassment on a “spectrum,” and towards treating every incident of sexual harassment as serious.

Render v. ThyssenKrupp Elevator (Canada) Limited (2022 ONCA 310) dealt with a manager who was terminated after a single incident of ...

“I gotta get out of here before I slap someone,” said actor Jim Carrey discussing his decision to retire. He was, of course, referring to the now famous moment during the Oscars where Will Smith essentially attacked a co-worker, Chris Rock, who was doing his job.

Much fun and nuanced commentary has been provided about the Oscars slap, including discussions about how the ...