Employers have control over workplace safety
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 their workforce, employers have several responsibilities after a workplace injury.
City of Kamloops employee complaint dismissed
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 ancestry, family status, and sexual orientation. The claim was dismissed as the Tribunal held that a reasonable settlement offer had been made by the City and had been rejected by the Employee.
Single-step union certification to be enacted in B.C.
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 sign membership cards indicating they want to unionize, and once that threshold is reached, they must restate their position through another vote.
Can an employee be fired for drug or alcohol addiction?
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 have the right to fire an employee because of his or her addiction?
Lawmakers discuss protecting workers from surveillance overreach
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 Columbia workers and employers alike.
The Importance of a "Boring" Hiring Strategy
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 candidates.
Brain injury threats in the workplace are far too common
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 confusion and issues with workers’ compensation claims.
Employees and Independent Contractors
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.
Be prepared for unanticipated need for paid sick leave
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 Canada Labour Code.
How do human rights laws protect you from retaliation?
Employees often hold back complaints because they fear retaliation without realizing that human rights legislation protects them. Retaliation as a result of an employee being named in a complaint, participating in an inquiry or giving evidence against a colleague is prohibited under the BC Human Rights Code.
Workplace investigation procedures in British Columbia
When near-misses or specific incidents occur in British Columbia workplaces, employers must carry out investigations according to the procedures prescribed by WorkSafeBC. Workplace investigations involve four stages. Incidents requiring investigations include work-related fatalities or serious injuries, near-miss incidents that could have caused severe injuries or death and more.
Wrongful Dismissal Pursuant to the Canada Labour Code
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.
4 factors to consider in a severance offer
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.
Remotely compatible: how to choose a remote employee
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.
Which workplace injuries must employers report immediately?
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 job.
What if the HR manager changes from protector to perpetrator?
he 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 are employment advertisements deemed discriminatory?
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.
What if employer and employee disagree about work-from-home?
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.
The Importance of Diversity in the Workplace
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, it may result in a competitive advantage.
Employers’ duty to protect workers from workplace violence
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 Workers Compensation Act (“Act”) and part 4 of the Occupational Health and Safety Policies (the “Policy”).