In the decision of Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222 (“Egan”), the British Columbia Court of Appeal upheld a termination clause in an employment agreement, rejecting various arguments to undermine the clause’s...more
On January 1, 2024, changes to British Columbia’s Workers Compensation Act, introducing a duty to accommodate and maintain employment for certain injured workers, came into effect. For details on the rest of the changes...more
In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373 (“Shalagin”), the British Columbia Court of Appeal affirmed that surreptitiously recording fellow employees may constitute just cause....more
The B.C. government has announced its intention to table legislation that will impose minimum employment standards for app-based gig workers, including ride-hailing drivers and food delivery workers, who are typically engaged...more
The British Columbia government has released long-awaited details on pay transparency reporting. This blog supplements our initial post describing the Pay Transparency Act (the “Act”). Further, employers are reminded that the...more
11/1/2023
/ Canada ,
Disclosure Requirements ,
Employees ,
Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
International Labor Laws ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Wage and Hour
In the decision of Alberta Health Services v the Alberta Union of Provincial Employees, 2023 CanLII 61927 (“AHS v AUPE”), the Alberta Labour Relations Board (the “Board”) issued a one-month suspension of union dues...more
In the decision of Alberta Health Services v Johnston, 2023 ABKB 209 (“AHS v Johnston”), an Alberta court established a new tort of harassment.
Background Facts -
Alberta Health Services (“AHS”) and two named...more
On May 11, 2023, the Fighting Against Forced Labour and Child Labour in Supply Chains Act, S.C. 2023, c. 9 (the “New Act”) received Royal Assent and became law. Formerly known as Bill S-211, the New Act requires certain...more
In British Columbia (Human Rights Tribunal) v. Gibraltar Mines Ltd., 2023 BCCA 168 (“Gibraltar”), the British Columbia Court of Appeal clarified the test for establishing prima facie family status discrimination. In British...more
An Alberta labour arbitrator found an employer was justified in firing a unionized employee for just cause for his off-duty sexual assault of a co-worker.
In Corporation of the City of Calgary v Amalgamated Transit...more
4/6/2023
/ Arbitration ,
Canada ,
Co-Workers ,
Disciplinary Proceedings ,
Employee Misconduct ,
Employment Policies ,
Hiring & Firing ,
International Labor Laws ,
Off-Duty Employees ,
Public Employees ,
Sexual Assault
On March 7, 2023, the British Columbia government introduced Bill 13, the Pay Transparency Act (the “Act”), designed to help close the province’s gender pay gap by imposing new disclosure and reporting obligations on certain...more
3/10/2023
/ Canada ,
Employer Liability Issues ,
Equal Pay ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
International Labor Laws ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Pending Legislation ,
Regulatory Agenda ,
Wage and Hour
A Labour Arbitrator decided that the National Day of Mourning for Her Majesty Queen Elizabeth II was not a statutory holiday under five private sector collective agreements in British Columbia.
In Construction Labour...more
The Alberta Court of Appeal determined that Canada Emergency Response Benefit (“CERB”) payments are not deductible from wrongful dismissal damages, following an emerging trend from other jurisdictions....more
First Canadian Appellate Court determines that Canada Emergency Response Benefits (“CERB”) payments are not deductible from wrongful dismissal damages.
In Yates v Langley Motor Sport Centre Ltd., the British Columbia...more
On November 1, 2022, the Workers Compensation Amendment Act (No. 2), or Bill 41, passed second reading in the British Columbia legislature. If enacted, Bill 41 would make a number of important changes to the Workers...more
In Benke v Loblaw Companies Limited, the Alberta Court of Queen’s Bench held that the employer did not constructively dismiss one of their employees who had been placed on unpaid leave for failing to comply with a mandatory...more
7/19/2022
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Masks ,
Public Health Emergency ,
Resignation ,
Unpaid Leave ,
Workplace Safety
The Alberta Court of Appeal recently reviewed the enforceability of a termination clause that purported to impose limits on employee termination entitlements. In Bryant v. Parkland School Division, the Court held that a...more
The Government of British Columbia has proposed amendments to the Labour Relations Code that will, among other changes, eliminate a secret ballot vote by employees in favour of automatic “card-check” certification where 55%...more
Alberta Labour Relations Board dismisses unfair labour practice complaint against vaccination policy implemented during statutory freeze period.
In Amalgamated Transit Union, Local No. 583 v Calgary (City), the Alberta...more
3/10/2022
/ Canada ,
Collective Agreements ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Infectious Diseases ,
International Labor Laws ,
Labour Relations Boards ,
Unfair Labor Practices ,
Unions ,
Vaccinations
In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175, the arbitrator found that a mandatory vaccination policy requiring unvaccinated unionized employees to be placed on unpaid...more
1/21/2022
/ Arbitration ,
Arbitration Awards ,
Business Necessity ,
Canada ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Grievance Process ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
Leave of Absence ,
Ontario ,
Public Health Emergency ,
Unions ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
In TC, Local 213 and Wolseley Canada Inc (“Wolseley”), the arbitrator enforced a collective agreement’s time limit clause to dismiss an untimely grievance. This decision is a rare example of an employer successfully enforcing...more
1/7/2022
/ Arbitration ,
Bargaining Units ,
Canada ,
Collective Agreements ,
Collective Bargaining ,
Employer Liability Issues ,
Employment Litigation ,
Filing Grievances ,
Jurisdiction ,
Statute of Limitations ,
Unions