Tips and Tricks: Navigating the Law on Gratuities
Lawson Lundell Labour and Employment Law Blog
by Lauren Dresselhuis, Katy E. Allen, Austin Darling
1M 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
Visit website
Do Employees have Charter Privacy Rights in the Workplace?
Lawson Lundell Labour and Employment Law Blog
by Ryan Berger, Meghan Little
4M 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
Visit website
New Alberta Streamlined Trial Rules and Wrongful Dismissals: Regular Trial is still the Default Process
Lawson Lundell Labour and Employment Law Blog
by Dana V. Kiefer, Ryan Berger
4M 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
Visit website
For Federally Regulated Employers New Changes to the Canada Labour Code: Presumption of Employee Status and Disconnecting from Work Policy
Lawson Lundell Labour and Employment Law Blog
by Emily Raymond, Deborah Cushing
4M 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
Visit website
Coming Soon: BC Employment Standards for Gig Workers
Lawson Lundell Labour and Employment Law Blog
by Katy E. Allen, Emily Raymond
4M 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
Visit website
BC Court of Appeal Affirms Plaintiffs Can Bring Novel Claims for Duty of Good Faith Breaches in Employment Contexts
Lawson Lundell Labour and Employment Law Blog
by Christopher J. Wiebe, Tristan Kimball
5M 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
Visit website
Supreme Court of Canada Decides that Exclusion of Managers from the Quebec Labour Code is not a Breach of the Charter
Lawson Lundell Labour and Employment Law Blog
by Deborah Cushing, Nicole K. Skuggedal
7M 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
Visit website
Human Rights Considerations When Dismissing Probationary Employees
Lawson Lundell Labour and Employment Law Blog
by Emily Raymond, Deborah Cushing
7M 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
Visit website
Practical Tips When Dealing with Leaves of Absence for Sickness
Lawson Lundell Labour and Employment Law Blog
by Robert A. Sider, KC
9M ago
It's not uncommon, but very annoying, for an employee who is off work for an alleged illness to provide no doctor’s note or a doctor’s note that simply says something like “Joe needs to be off work for a month”. The employee then assumes that they are simply entitled to have the time off with no further questions asked. But this is not the case. A  Subject to specific  ..read more
Visit website
Employer Beware: Fixed-Term Contracts and For Cause Dismissals
Lawson Lundell Labour and Employment Law Blog
by Nicole K. Skuggedal, Lauren Dresselhuis
10M 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
Visit website

Follow Lawson Lundell Labour and Employment Law Blog on FeedSpot

Continue with Google
Continue with Apple
OR