Labour and Employment Law Blog
167 FOLLOWERS
Lawson Lundell LLP is a leading full-service business law firm in Western and Northern Canada known for its practical, strategic approach to legal and business problems. Lawson Lundell's Labour and Employment Law Blog provides updates on the most recent legal developments impacting the Canadian workplace & offers practical tips for employers. We cover a range of topics, including labor..
Labour and Employment Law Blog
2w ago
Tips, otherwise known as gratuities, are not included in the definition of “wages” under the BC Employment Standards Act (the Act); however the Act still regulates tips in other ways.
In 2019, the Act was amended to include, among other changes, a definition of “gratuity”, guidance on when an employer may withhold gratuities, and who is entitled to share in a tip ..read more
Labour and Employment Law Blog
3M ago
A recent decision from the Supreme Court of Canada (“SCC”) found that searching an employee’s work laptop may be an unreasonable interference with privacy rights under section 8 of the Canadian Charter of Rights and Freedoms (“Charter”).[1]
Section 8 of the Charter protects against unreasonable search and seizure. While “search and seizure” is a concept ..read more
Labour and Employment Law Blog
3M ago
Litigation takes time and money. Effective legal counsel use various processes available to help clients achieve the best outcome in each case.
Summary trials are an important procedural option in litigation. In many cases, they can provide an efficient and quicker means to obtain a judgment. In January 2024, Alberta’s old summary trial process was replaced with a ..read more
Labour and Employment Law Blog
3M ago
On June 20, 2024, the Budget Implementation Act received Royal Assent. The Act amended a number of federal statutes, including the Canada Labour Code (the “Code”), which applies to federally regulated employers such as airlines and banks. Most relevant are the changes regarding presumption of employee status and disconnecting from work.
Presumption of Employee ..read more
Labour and Employment Law Blog
3M ago
Online platforms that offer ride-hailing and delivery services have become increasingly popular in recent years. Starting in September, companies that offer such services will be required to provide workers in British Columbia with certain minimum employment standards and workers’ compensation coverage. This is the first legislation of its kind in Canada ..read more
Labour and Employment Law Blog
3M ago
In the recent decision of British Columbia v Taylor, 2024 BCCA 44, the BC Court of Appeal found that the duty of good faith is a developing area of law in the employment context and courts should permit plaintiffs to bring novel claims in this area.
In this case the plaintiff, Ms. Taylor, claimed that she was wrongfully dismissed from her employment with the Province of British ..read more
Labour and Employment Law Blog
5M ago
In a recent decision, Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec, the Supreme Court of Canada determined that the exclusion of managers from the definition of employee in the Quebec Labour Code (the “Code”) did not violate section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter”) or ..read more
Labour and Employment Law Blog
6M ago
Employers often rely on probationary periods when dismissing new employees who are not a good “fit” for their organization. But can probationary employees be dismissed for any reason? A recent decision from the BC Human Rights Tribunal provides a valuable reminder that human rights obligations apply to all employees, including probationary employees.
Facts
The ..read more
Labour and Employment Law Blog
7M ago
It is not uncommon, but frustrating for employers, when an employee who is off work for an alleged illness provides no doctor’s note or a doctor’s note that simply says something like “Patient needs to be off work for a month”. The employee then assumes that they are entitled to have the time off with no further questions asked. Sometimes their doctors think this too. ..read more
Labour and Employment Law Blog
9M ago
In the recent decision of Lefebvre v Gisborne Holdings Ltd., 2023 BCSC 2231, the BC Supreme Court (The Court) found that Gisborne Holdings Ltd. (the Employer) did not have cause to dismiss a fixed-term contract employee and awarded $81,100 CAD in damages.
Ms. Lefebvre, the dismissed employee, was hired under a fixed-term contract to replace an employee on parental leave ..read more