Human Rights Considerations When Dismissing Probationary Employees
Lawson Lundell LLP Blog
by Emily Raymond, Deborah Cushing
1w 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
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Practical Tips When Dealing with Leaves of Absence for Sickness
Lawson Lundell LLP Blog
by Robert A. Sider, KC
1M 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
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Employer Beware: Fixed-Term Contracts and For Cause Dismissals
Lawson Lundell LLP Blog
by Nicole K. Skuggedal, Lauren Dresselhuis
2M 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
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A Statement on Replacement: Federal Bill Introduced to Ban Replacement Workers
Lawson Lundell LLP Blog
by Nicole K. Skuggedal, Dana V. Kiefer
5M ago
On November 9, 2023 the Minister of Labour introduced legislation to ban the use of replacement workers by federally regulated employers during labour disputes. A replacement worker is a person who does the work of a unionized worker who is on strike or locked out. Currently, Part I of the Canada Labour Code only prohibits employers from using replacement workers if they are  ..read more
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Pay Transparency in British Columbia: New Regulation Contains Requirements for Pay Transparency Reports
Lawson Lundell LLP Blog
by Nicole K. Skuggedal, Deborah Cushing, Emily Raymond
6M ago
The B.C. Pay Transparency Act (the “PTA”) came into force on May 11, 2023. On October 23, 2023, the Pay Transparency Regulation (the “Regulation”) was made and provides needed clarity on the content of annual pay transparency reports. The goal of the PTA is to help close the gender pay gap by addressing systemic gender discrimination in the workplace. The PTA applies  ..read more
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The Importance of Training Staff on Gender Diversity and Expression
Lawson Lundell LLP Blog
by Ritu Mahil
6M ago
On September 20, 2023, a number of protests took place across Canada at government and school district buildings against gender expression without parental consent for 2SLGNTQIA+ school aged children. This was part of a deeply concerning trend in anti-2SLGBTQIA+ sentiment across the country. Recently, Canadian Bar Association President John Stefaniuk released  ..read more
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Beware: New Tort of Harassment in Alberta
Lawson Lundell LLP Blog
by Nicole K. Skuggedal, Deborah Cushing, Madison Dutkiewicz
7M ago
In Alberta Health Services v. Johnston, 2023 ABKB 209, the Alberta Court of King’s Bench identified a new tort of harassment in response to a Calgary mayoral candidate and talk show host, Kevin Johnston, spreading “misinformation, conspiracy theories, and hate” against Alberta Health Services (AHS) and AHS employees during the COVID-19 pandemic. The tort of  ..read more
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Remote Work Arrangements: Simple, Right? Maybe Not
Lawson Lundell LLP Blog
by Lucy Williams, Michelle S. Jones
7M ago
“Job Location - Remote” – a phrase not uncommon in job posting in the new post-pandemic world. With more and more workers looking to maintain their work from home status, remote work opportunities have multiplied and for some employers remote workers have become the norm, not the exception. In fact, in the hopes of attracting the best candidate for the job, many  ..read more
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Remote Work Arrangements: Simple, Right? Maybe Not
Lawson Lundell LLP Blog
by Lucy Williams, Michelle S. Jones
7M ago
“Job Location - Remote” – a phrase not uncommon in job posting in the new post-pandemic world. With more and more workers looking to maintain their work from home status, remote work opportunities have multiplied and for some employers remote workers have become the norm, not the exception. In fact, in the hopes of attracting the best candidate for the job, many  ..read more
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WorkSafeBC Releases Policies on B.C. Employers’ New Return-to-Work Obligations
Lawson Lundell LLP Blog
by Michelle S. Jones, Miny Atwal
9M ago
As we previously reported, the B.C. Government amended the Workers Compensation Act (the “WCA Amendments”) to impose new obligations on B.C. employers in returning injured workers to their job. These changes will come into effect on January 1, 2024. As you may recall from our earlier blog post, the WCA Amendments create two new duties for workers and employers: the duty  ..read more
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