Many employers and workers alike have been told at one time or another that negative references could be considered defamatory and result in legal action. Generally speaking, Canadian employers are protected from such action to the extent that any such negative...
Vancouver Employment Law Blog
Employers have control over workplace safety
On Behalf of Overholt Law LLP | May 31, 2022 | Employment Law
Work-related injuries could happen unexpectedly and could create a stressful situation for the injured worker and their employer. It could contribute missed shifts at work, and could bring production to a halt. In addition to the natural concern for the welfare of...
City of Kamloops employee complaint dismissed
On Behalf of Overholt Law LLP | May 10, 2022 | Employment Law
The British Columbia Human Rights Tribunal recently heard a complaint from an employee of the City of Kamloops (the "City"). The complainant, an employee who was also the son of a former councillor, claimed that he had been discriminated against on the basis of his...
Single-step union certification to be enacted in B.C.
On Behalf of Overholt Law LLP | Apr 21, 2022 | Labour And Employment Law
For British Columbia workers who are concerned about their working conditions, a labour union can be an important tool. Currently, under the British Columbia Labour relations Code in order for a union to be certified, at least 45 percent of workers are required to...
Can an employee be fired for drug or alcohol addiction?
On Behalf of Overholt Law LLP | Apr 19, 2022 | Employment Law
After a stressful week at work, many employees enjoy a drink or two. Some may even use recreational drugs on their days off. However, when substance use becomes an addiction, should this affect the security of one’s job? Under British Columbia law, does an employer...
Lawmakers discuss protecting workers from surveillance overreach
On Behalf of Overholt Law LLP | Apr 15, 2022 | Employment Law
An increase in remote work across Canada has led to new and important discussions on employee rights and protections. Some federal lawmakers have raised discussions on how to protect worker privacy when they are working from home. This is a concern for British...
The Importance of a “Boring” Hiring Strategy
On Behalf of Overholt Law LLP | Mar 29, 2022 | Employment Law
Consultants and Human Resources Specialists have written volumes of material on the best techniques to identify the top candidates for employment. Some well-known CEOs and others have developed strategies they believe can identify psychological traits in exceptional...
Brain injury threats in the workplace are far too common
On Behalf of Overholt Law LLP | Mar 21, 2022 | Injuries, Workers Compensation
Statistics indicate that approximately one in 10 occupational diseases or injuries in Canada cause brain trauma. Of those injuries, could have been prevented. There are also a number of grey areas when it comes to reporting these type of injuries, which can lead to...
Employees and Independent Contractors
On Behalf of Overholt Law LLP | Mar 4, 2022 | Employment Law
The differentiation between an independent contractor and an employee is very important at law. Different classifications of workers have different rights and responsibilities, specifically upon without-cause termination of employment. Employees are entitled to...
Be prepared for unanticipated need for paid sick leave
On Behalf of Overholt Law LLP | Feb 22, 2022 | Employment Law
The federal government passed Bill C-3 (the "Bill"), An Act to amend the Criminal Code and the Canada Labour Code, on December 17, 2021. The Bill has enhanced paid sick leave and bereavement leave for the federally regulated employees in the private sector under the...
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