Federally regulated employees are subject to the terms of the Canada Labour Code. The Canada Labour Code's provisions for addressing alleged wrongful dismissal are unique. Section 240(1) of the Canada Labour Code provides that a person who has been dismissed and...
Vancouver Employment Law Blog
4 factors to consider in a severance offer
On Behalf of Overholt Law LLP | Jan 17, 2022 | Employment Law
The success of a company generally lies in the strength of its operational documents. These documents can range from vendor delivery agreements to various employee handbooks and contracts. A severance offer is a document prepared by the employer that may set out...
Remotely compatible: how to choose a remote employee
On Behalf of Overholt Law LLP | Jan 14, 2022 | Employment Law
Now that we’ve seen nearly a year of non-traditional working conditions, it’s time to consider the future. With increased flexibility offered by remote working, when it’s time to rebuild your workforce, a fully remote employee might be your best choice. The...
Which workplace injuries must employers report immediately?
On Behalf of Overholt Law LLP | Jan 5, 2022 | Workplace Injuries
Pursuant to section 68(1)(a) of the British Columbia Workers Compensation Act (the "Act"), employers in British Columbia must inform WorkSafeBC immediately of the occurrence of certain workplace accidents, such as where a worker is seriously injured or killed on the...
What if the HR manager changes from protector to perpetrator?
On Behalf of Overholt Law LLP | Dec 22, 2021 | Employment Law
The human resources (HR) department is often viewed as the department of an organization that has employees' backs in the event of a difficult working environment. However, sometimes, that may not be the case. When the HR manager turns out to be the individual who is...
When are employment advertisements deemed discriminatory?
On Behalf of Overholt Law LLP | Nov 23, 2021 | Employment Law
Publishing employment advertisements in British Columbia is a process that needs careful consideration. Employers might not realize that the wrong choice of words could lead to discrimination allegations. It is against the BC Human Rights Code to publish employment...
What if employer and employee disagree about work-from-home?
On Behalf of Overholt Law LLP | Oct 26, 2021 | Employment Law
Hybrid workplaces in British Columbia have given rise to many unanticipated questions for employers and employees. The answers to those questions often depend on the policies established by the employer at the beginning of the pandemic. Did the work-at-home policies...
The Importance of Diversity in the Workplace
On Behalf of Overholt Law LLP | Oct 11, 2021 | Employment Law
The beneficial effects of a diverse and inclusive workforce have been well-documented. Studies have repeatedly linked diversity and inclusion in the workplace to higher job satisfaction and better performance. Where an employer is able to cultivate this environment,...
Employers’ duty to protect workers from workplace violence
On Behalf of Overholt Law LLP | Oct 5, 2021 | Labour And Employment Law
It is generally accepted that violence in the workplace is “as deviant and unacceptable behaviour ... as it is in the community at large.”[1] The heightened vigilance in respect of violence in the workplace is also apparent in provisions of the British Columbia Workrs...
What makes wage differences based on sex a human rights claim?
On Behalf of Overholt Law LLP | Sep 15, 2021 | Employment Law
In British Columbia, men and women who do the same work are entitled to the same remuneration. Unfortunately, even in this day and age, wage discrimination based on sex or gender continues in some workplaces. In these cases, workers may be entitled to seek relief by...
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