Employer Rights and Obligations in Connection with Employee Personal Medical Informationprivacy & freedom of informationRequesting medical information from an Employee raises innumerable legal issues related to privacy, human rights and workplace safety...Read More

Technology in the Workplace, Social Media and the Investigation of Complaintsprivacy & freedom of informationIn a relatively short time, privacy has become a major area of legal evolution...Read More

Employee Privacy at Workprivacy & freedom of informationCanadian privacy laws continue to evolve and mature, having gone from relative infancy to a serious topic ...Read More

Recent scandal highlights privacy concerns at the workplaceprivacy & freedom of informationEmployee privacy rights are at the centre of a recent spyware scandal involving Saanich municipal workers...Read More

Privacy rights and employer concerns in the BC workplaceprivacy & freedom of informationThe BC Freedom of Information and Privacy Association, known as FIPA, is a public interest group that promotes Canadian privacy rights...Read More

Do employment codes of conduct cover off-duty behaviour?privacy & freedom of informationRecently at a Toronto FC soccer game, a group of men heckled a female journalist in a vulgar manner. She confronted the men,...Read More

Legal Symposium 2016: The Modern Workplaceprivacy & freedom of informationHuman Resources Management Association (HRMA) Legal Symposium Pinnacle...Read More

PTSD- Not every workplace injury affects the bodyoccupational health & safetyFirst responders, emergency workers, and law enforcement officers put their lives on the line and their bodies in harm's way on...Read More

What are the injury reporting requirements for employers in BC?occupational health & safetyUnder the Workers Compensation Act, employers in British Columbia are subject to strict requirements with regard to...Read More

Non-compliance with safety regulations blamed for violent incidents in B.C. hospitalsoccupational health & safetyStatistics from WorkSafeBC show that, between 2005 and 2012, more than 3,720 health care workers suffered injuries because of ...Read More

B.C. government urged to fast track PTSD claims for first respondersoccupational health & safetyThough workplace accidents can be avoided by taking proactive steps to meet safety requirements, some types of employment...Read More

Investigation underway after explosion at B.C. coal mineoccupational health & safetyAccidents in the workplace that result in injuries require careful investigation to determine the cause of the accident and...Read More

Inquest into sawmill explosion again underway after review of internal investigationoccupational health & safetyWhen investigating workplace accidents in British Columbia, WorkSafeBC normally requests the findings of the employer's internal ...Read More

Lawsuit claims overworking led to death of poultry factory employeeoccupational health & safetyB.C.'s Employment Standards Act (ESA) states that "an employer must not require or directly or indirectly allow an employee to work excessive...Read More

Study: Young workers in Canada less likely to refuse dangerous workoccupational health & safetySafety training is important in every workplace. In order to develop effective safety policies that protect employees from dangerous...Read More

Are injured workers receiving the care they need from WorkSafeBC?occupational health & safetyReaders may be aware that workers who are injured on the job could obtain workers' compensation benefits to help to ...Read More

WorkSafeBC finds construction signage adequate after trench accidentoccupational health & safetyProper signage and barriers are important to maintaining safe construction sites. Such safety measures are meant to ...Read More

Survey reveals safety issues in waste and recycling fieldoccupational health & safetyThere is no question that virtually anyone who works could be injured while at his or her job. This includes individuals ...Read More

Results of functional capacity evaluation can be overturnedoccupational health & safetyWhen an accident occurs, things can change for a person in an instant. Depending on the circumstances surrounding the ...Read More

Nurses at high risk for workplace injuryoccupational health & safetyWorkplace injuries can occur in a variety of settings. While construction work sites may be the first locations that many people...Read More

Proposed legislation focuses on workplace accident investigationsoccupational health & safetyDespite many employers taking steps to prevent workplace accidents from occurring, they do still happen...Read More

Training instrument licensed by BCCSA may prevent work injuriesoccupational health & safetyWorkplace safety is important for individuals regardless of their occupation. Depending on a wide variety of factors,...Read More

Residential-services sector workers at risk for violent injuriesoccupational health & safetyInjuries inflicted by another person may not be the first thing that comes to mind when the phrase "workplace injuries" is ...Read More

Following workplace accidents WorkSafeBC will investigateoccupational health & safetyWorkplace accidents can be devastating. In addition to serious injuries that may make it impossible for someone to work...Read More

Man appeals old workplace illness claim with WSCCoccupational health & safetyWhen it comes to workplace injuries the first thing that comes to mind for most people is likely a serious accident, but...Read More

Fatal workplace accidents down in B.C.occupational health & safetyWhile few residents of British Columbia likely think about it before they step out the door to head to work, the reality is ...Read More

Construction deaths up in 2015occupational health & safetyIn an earlier post we wrote about a decrease in worker deaths in British Columbia last year. While this is undoubtedly...Read More

Long-term health care workers in BC at high risk for injuryoccupational health & safetyThere is no question that health care workers play an important role in society. While providing care for others, many may...Read More

Older workers more likely to suffer a workplace injuryoccupational health & safetyOn average, people in British Columbia are living longer than they ever have before. One of the offshoots of this trend...Read More

Enforcement of the Workers' Compensation act, Bill C-45, and Safe Practices in the Workplace: An Update in the Development of the Lawoccupational health & safetyA Presentation to FIOSA-MIOSA Safety Alliance of BC Terminal City...Read More

BC Supreme Court decides workers' compensation bullying claimworkers' compensation lawOn May 25, 2016, the Supreme Court of British Columbia rendered a decision in a workers' compensation case that is...Read More

Fatal workplace accidents down in B.C.workers' compensation lawWhile few residents of British Columbia likely think about it before they step out the door to head to work, the reality ...Read More

Construction deaths up in 2015workers' compensation lawIn an earlier post we wrote about a decrease in worker deaths in British Columbia last year. While this is undoubtedly ...Read More

Long-term health care workers in BC at high risk for injuryworkers' compensation lawThere is no question that health care workers play an important role in society. While providing care for others, many ...Read More

WorkSafeBC to investigate following fatal workplace accidentworkers' compensation lawThe unexpected death of loved one is always difficult to face. This is particularly true when the person who dies is young...Read More

Unsafe working conditions alleged in Fort McMurray fire cleanupworkers' compensation lawA story has surfaced in the BC media of allegations that safety may have been compromised for workers hired to clean...Read More

Not every long-term workplace injury is immediately obviousworkers' compensation lawWhen a person gets hurt on the job, the injury becomes apparent immediately. This is typical of a laceration or impact injury...Read More

Workplace accident takes the life of British Columbia manworkers' compensation lawEmployees who have spent decades on the job often become known and loved by many co-workers and customers....Read More

Heavy fine for fatal workplace accident in British Columbiaworkers' compensation lawThe potential for injury exists at every workplace and job site. It is crucial that employees and employers alike do all...Read More

Television shoot is the scene of a workplace injury in Vancouverworkers' compensation lawThe film and television industry is a major source of employment in Vancouver and across British Columbia...Read More

City worker suffers workplace injury at Surrey parkworkers' compensation lawNo one goes to work expecting to be hurt. However, the possibility of a workplace injury occurring is present for anyone...Read More

Likelihood of a workplace accident increases with fatigueworkers' compensation lawHazards exist in varying degrees at any job site. Learning how to deal with them should be part of every worker's training ...Read More

Fatal workplace accident under investigation in Saanichworkers' compensation lawWorking at a height increases the risk of an accident at any job. Each year, many men and women in British Columbia...Read More

Tow-truck driver suffers workplace injury on Highway 1workers' compensation lawHazardous conditions may be present at any job site. For those whose work takes them out on the streets and highways...Read More

Man suffers workplace injury when trench collapses; charges laidworkers' compensation lawSometimes the wheels of justice turn slowly, especially when multiple parties are involved and investigations need to ...Read More

Workplace injury benefits may be cut off despite doctor's adviceworkers' compensation lawA recent report by the Toronto-based Institute for Work and Health reveals that those who make return-to-work decisions...Read More

Construction industry leads province in workplace accident deathsworkers' compensation lawTo enter into certain trades and professions is to accept a heightened degree of risk for personal injury. For example...Read More

Investigation underway after explosion at B.C. coal mineworkers' compensation lawAccidents in the workplace that result in injuries require careful investigation to determine the cause of the accident...Read More

Inquest into sawmill explosion again underway after review of internal investigationworkers' compensation lawWhen investigating workplace accidents in British Columbia, WorkSafeBC normally requests the findings of the employer's ...Read More

Study: Young workers in Canada less likely to refuse dangerous workworkers' compensation lawSafety training is important in every workplace. In order to develop effective safety policies that protect employees from ...Read More

Enforcement of the Workers' Compensation act, Bill C-45, and Safe Practices in the Workplace: An Update in the Development of the Lawworkers' compensation lawA Presentation to FIOSA-MIOSA Safety Alliance of BC Terminal City...Read More

Discrimination trial testing the boundaries of BC employment lawhuman rights lawCanada is a country that promotes tolerance and respect in all aspects of life, including work. Certainly, no person deserves...Read More

Sexual harassment of female chefs in Canada in spotlighthuman rights lawSexual harassment in the workplace is a serious issue which can have serious ramifications for employers and workers...Read More

/blog/2015/08/should-employer-accommodate-workers-use-of-marijuana.shtmlhuman rights lawEmployers have a duty to accommodate workers who are disabled, up to the point of undue hardship or where a bona fide...Read More

BC Human Rights Tribunal fails to find discrimination in hiringhuman rights lawThere are multiple grounds upon which employees and prospective employees assert complaints of discrimination...Read More

Workplace discrimination against LGBTQ workers not always obvioushuman rights lawTWorkplace discrimination is not always obvious. According to a study on Canada's workforce that was recently conducted...Read More

Discrimination claim initially denied by CHRC gets second lookhuman rights lawReaders may be aware that there are laws in place in Canada that prohibit discrimination based on gender. Under those laws...Read More

Not all claims filed with CHRT deemed discriminationhuman rights lawWhen employees in British Columbia feels that they were victims of discrimination in the workplace, they may be able to...Read More

Workplace discrimination claims not limited to minority groupshuman rights lawGiven that race is a protected ground under human rights legislation, workers who believe they have been discriminated....Read More

Survey says workplace discrimination alive and well in Canadahuman rights lawFor residents of multicultural Canada who have to go to work regularly, the fact that workplace discrimination is still ...Read More

Matters related to disability accomomdations often complexhuman rights lawEmployees in the Canada have certain workplace rights. To keep a business running smoothly, employers need to be aware...Read More

Could alcohol addiction be the basis for a discrimination case?human rights lawThe British Columbia Human Rights Code prohibits discrimination in the workplace on a variety of grounds including...Read More

UBC faces human rights complaint from former professorhuman rights lawThe BC Human Rights Code provides employees in the province with a variety of workplace protections. One of those ...Read More

Employment discrimination during the hiring phasehuman rights lawWorkplace discrimination can take many different forms and can be based on a variety of prohibited grounds including ...Read More

RCMP settles sexual harassment suit brought by BC Mountiehuman rights lawA 49-year-old British Columbia Mountie awaiting trial in a highly publicized lawsuit she filed four years ago against the...Read More

Pay equity for women in the federally-regulated employment sectorhuman rights lawFederal laws require that women get pay equal to that of men for work of equal value within any federally-regulated...Read More

Human Rights Round Uphuman rights lawThere have been several developments in Canadian human rights law in recent months...Read More

B.C. government amends labour law to exempt WHL from minimum wagelabour relations lawEach province in Canada sets its own minimum hourly wage for workers in that province. However, there are exceptions...Read More

Are foreign workers in Canada being misled to think they are paying for jobs?labour relations lawThe rules regarding foreign labour recruitment vary across Canadian provinces. For example, in Alberta, recruiters are ...Read More

Migrant workers claim Canadian federal program discriminateslabour relations lawA number of Canadian immigration programs allow for skilled workers from other countries to live and work in Canada...Read More

Supreme Court rules on essential workers' right to strikelabour relations lawFor the second time in a month, the Supreme Court of Canada has made a landmark ruling on public-sector labour law...Read More

CUPE Local 118 threatens to strikelabour relations lawWhen a union and an employer cannot reach an agreement, the possibility of employees striking often looms...Read More

Union helps B.C. transit works negotiate contractlabour relations lawWhile not all workers belong to a union, there are a variety of things those who do can look to the organization for help...Read More

Supreme Court of Canada rules for federally regulated employeelabour relations lawOn July 14, 2016, the Supreme Court of Canada rendered its highly anticipated decision interpreting the Canada Labour Code's...Read More

Vancouver bus drivers' contract negotiation at critical stagelabour relations lawAlmost 100 percent of the 4,700 unionized Vancouver-area transit workers employed by TransLink subsidiary Coast Mountain....Read More

Labour law evolving to encompass social medialabour relations lawSocial media is a constant presence in the 21st century, both in the lives of private citizens and public corporations...Read More

What happens when workers no longer want to be in a union?labour relations lawFor many individuals in British Columbia, unions play an important role in governing their labour relations. Unions represent...Read More

Pay equity for women in the federally-regulated employment sectorlabour relations lawFederal laws require that women get pay equal to that of men for work of equal value within any federally-regulated...Read More

BCAA-ERS employees locked out following contract stalematelabour relations lawCanadian and British Columbian workers are provided certain protections at law and expect certain things from their employers...Read More

Multiple techniques available to resolve labour disputeslabour relations lawEmployers and employees have a symbiotic relationship. Employers must rely upon employees for a business to work ...Read More

Premier steps in after trade council sues BC Hydrolabour relations lawThe Site C hydroelectric project planned for construction on the Peace River is the largest public infrastructure project...Read More

Supreme Court: Ban on Mounties' collective bargaining unconstitutionallabour relations lawIn the 1960s, the right to collective bargaining was gained by federal public servants in Canada. However, in 1999, the...Read More

How is the 'real employer' of a temporary worker identified?labour relations lawLabour and employment laws in Canada are complex, and anyone dealing with an employment law issue at the federal...Read More

B.C. Court of Appeal sides with province in dispute over teachers' bargaining rightlabour relations lawIn 2002 legislation was passed that removed class size limits in schools in British Columbia. That legislation, called...Read More

BEmployment and Labour Relations Lawlabour relations lawCPA Surrey, Langley & North Delta Chapter Newlands Golf & Country Club ...Read More

Overholt Law Client Seminar - May 2018employment lawSexual Harassment in the Workplace...Read More

Overholt Law Client Seminar - June 2018employment lawSexual Harassment in the Workplace...Read More

Overholt Law Client Seminar - October 2017employment law"Winds of Change in the Workplace"
Recent and Future Anticipated Developments in the Law...Read More

Legalization of Marijuana and Maintaining a Healthy Workplaceemployment lawMarijuana and its impact on the workplace...Read More

Overholt Law Client Seminar - April 2016employment lawRecent Trends in Termination and Case Law Update...Read More

Common Contractual Issues on Termination of Employmentemployment lawTHuman Resources Management Association (HRMA) Legal Symposium Renaissance ...Read More

The Impact of a Sale of a Busnessemployment lawThe sale of a business can have a significant, multifaceted impact on a business' relationship with its employees...Read More

Labour and Employment Issues for Commercial Lawyersemployment lawAt common law, employment is terminated ...Read More

Supreme Court strengthens protections for non-unionized workersemployment lawThis past summer, the Supreme Court of Canada ruled that federally regulated...Read More

Wrongful termination and the independent contractoremployment lawUnderstanding British Columbia labour and employment law can be a complicated matter. For example, individuals...Read More

Special FX artist sues for wrongful termination after firingemployment lawThe film industry is a major employer in British Columbia. A job working on a feature film is a highly sought-after position...Read More

Fast food employee claims wrongful termination after taking foodemployment lawThe law is meant to protect all people from all walks of life. In the area of employment law, one does not need to be a....Read More

Wrongful termination claimed after return from maternity leaveemployment lawOne of the privileges of being a working woman in British Columbia is having the option to take leave to give birth and begin...Read More

Wrongful termination claimed in Evergreen Line layoffemployment lawEmployees and employers rely upon each other to get a job done. Sometimes when the two parties do not see eye to ey...Read More

BC Ferries steward claims wrongful terminationemployment lawBeing dismissed from a job is usually a difficult pill to swallow, but summary dismissal from a position of tenure can...Read More

Former director sues university for wrongful terminationemployment lawIf an employee and his or her employer enter into an agreement, both parties expect the other to uphold their end of the...Read More

Kamloops mine boss claims wrongful terminationemployment lawA person takes a leap of faith when he or she accepts a new job in a new country. Similarly, a company that hires a worker ...Read More

Media employer answers executive's wrongful dismissal lawsuitemployment lawLast week, we discussed a recent wrongful dismissal claim filed in British Columbia Supreme Court by the former executive...Read More

BC executive files wrongful dismissal lawsuitemployment lawBusiness In Vancouver is reporting that a former member of executive leadership in a Vancouver social media company...Read More

B.C. employer faces accusation of wrongful dismissalemployment lawWhen an employer is accused of wrongfully dismissing an employee, there are different ways the employer may choose...Read More

Wrongful dismissal cases against BC Government Settledemployment lawWhen an employee files a wrongful dismissal lawsuit against a former employer, there is more than one way the matter...Read More

Proper Investigation should be conducted before employee is fired employment lawThere are many reasons why employees could find themselves without a job. One reason which often arises in the context...Read More

Wrongful termination claim results in $84.5K award employment lawMost people change their jobs multiple times throughout their lives. The reasons that prompt someone to seek a new job...Read More

Former COO for Vancouver company claims constructive dismissal employment lawIf an employer in Canada unilaterally makes substantial changes to an employee's employment contract - thereby fundamentally...Read More

After cross-country move, veteran Canadian journalist claims wrongful dismissal employment lawMany employment opportunities require workers to relocate, and an employment contract may include, among other...Read More

Former Sears employee claims high revenue estimates led to wrongful dismissal employment lawA company's high-level business decisions can have repercussions throughout the entire organization, and unfortunately...Read More

Insubordination and Insolence: Just Cause for Summary Dismissal? employment lawRelevant Legal Principles – Just Cause...Read More

What rights do dismissed employees have under the BC Employment Standards Act? employment lawThe BC Employment Standards Act provides basic protections for employees who lose their jobs, regardless of whether...Read More

Do employment codes of conduct cover off-duty behaviour? employment lawRecently at a Toronto FC soccer game, a group of men heckled a female journalist in a vulgar manner. She confronted ...Read More

Study reveals shockingly few employees read employment contract employment lawAlthough it is not a universal practice, many employers require employees to sign an employment contract at the time...Read More

Common Contractual Issues on Termination of Employment employment lawHuman Resources Management Association (HRMA) Legal Symposium Renaissance...Read More

Employee Bonuses and Legal Pitfalls employment lawIncentive compensation is increasingly an important term of employment for employers and employees. Employers...Read More

Here is a list of five important questions that business owners, professionals and individuals should ask before signing an employment agreement employment lawDo I fully understand the responsibilities, obligations and restrictions set out in this agreement that bind me or my company? ...Read More

Severance packages at issue in Future Shop employment dispute employment lawFor employees and employers alike, layoffs and dismissals are among the most difficult employment-related matters...Read More

The Impact of a Sale of a Busness on the Obligation to Provide Reasonable Notice employment lawThe sale of a business can have a significant, multifaceted impact on a business' relationship with its employees...Read More

BC Supreme Court decides workers' compensation bullying claim employment lawOn May 25, 2016, the Supreme Court of British Columbia rendered a decision in a workers' compensation case that is...Read More

Supreme Court rules on essential workers' right to strike employment lawFor the second time in a month, the Supreme Court of Canada has made a landmark ruling on public-sector labour law...Read More

Enforcement of the Workers' Compensation act, Bill C-45, and Safe Practices in the Workplace: An Update in the Development of the Lawemployment lawA Presentation to FIOSA-MIOSA Safety Alliance of BC Terminal City...Read More