Running a business or organization means constantly adapting to new realities. As part of these adjustments and adaptations, employers may decide to update the roles and responsibilities of their employees. However, if an employer makes a particularly extreme change to an employee’s employment agreement, the employee may be able to resign from their employment and claim constructive dismissal.

There can be a great deal on the line when it comes to the relationship between employers and departing employees. Should things end on a negative note or the employee plans to work for a competitor, there can be concerns that they will misuse sensitive, proprietary information.

Gig workers play a growing role in British Columbia’s labour force. To ensure the laws in B.C. keep up with this increasing trend and that gig workers are not being taken advantage of, the Ministry of Labour is conducting roundtable events throughout the province to speak to gig workers about their situation and concerns. These consultations are part of work toward a report, which is set to be presented to the government next year.

Ending a professional relationship with an employee can be a challenging aspect of managing a business. There can be significant legal risks if proper protocol is not followed in ending a person’s employment. British Columbia employers should act carefully to avoid a wrongful dismissal lawsuit.

Workplace safety is a concern for all workers, employers and their loved ones. Young adults and teenagers can gain great experience from working, but they may not be prepared to manage certain hazards on the job. To respond to this issue, British Columbia is enacting new rules by setting out minimum ages for hazardous work.

A new provincial regulation requires employers to inform workers about the reason employees refused to partake in work due to safety concerns. The regulation was put forth in an Occupational Health and Safety Regulation (OHSR) amendment, effective August 2022.

Severance pay is a form of compensation provided to an employee by their employer when the employee's employment is terminated without cause (i.e., no fault of their own) and adequate notice of termination is not provided to the employee. The employee must have completed a minimum of three months of continuous employment with the employer to qualify for severance pay.

Most people are familiar with the negative impacts that stress can have on individual workers. Stress can result in health issues, cause turmoil in one's personal life and greatly impact workplace performance. However, employees are not the only ones who may face consequences in a stressful work environment. In some cases, employers could face financial or legal responsibilities resulting from a stressed-out workforce.

When hiring, it is understandable that employers want to know certain important information about the background of candidates, such as their criminal, work or credit history. However, it is important that those hiring in British Columbia follow employment laws and, in particular, anti-discrimination regulations when conducting these background checks.

When it comes to preventing workplace accidents in British Columbia, a great deal of responsibility falls on employers. Their policies as well as their follow-through will often be thoroughly examined if a worker is hurt. However, they are not the only ones with obligations when it comes to safety. Here is a general overview of the responsibilities different parties carry to keep a workplace safe. 

Wrongful termination claims -- also known as wrongful dismissal claims -- can arise in various ways. However, at their core, wrongful termination claims arises from a Breach of Contract. The employer-employee relationship begins when both parties make promises to one another by signing of a contract. If the employer breaks those promises, there is a breach of contract and the employee may be entitled to file a common law claim for wrongful dismissal.

The COVID‑19 pandemic has made remote work the “new normal". The increase of remote work in British Columbia and worldwide has led to many important discussions regarding the rights of remote workers and employers' corresponding obligations. An important question that has come up concerning remote work, is regarding employers' liability for employees' work injuries while they perform their work duties remotely. 

When attempting to fill an open position, an organization will likely take numerous steps designed to ensure they find the right individual for the job. Factors such as work history and educational experience are used to build a coherent picture of the candidate from which to make a decision.

While the laws governing employers are often the same across sectors, different industries are likely to face their own unique challenges. For example, laws about workplace safety may be particularly relevant to a construction firm, while a business dependent on part-time workers may have more concerns about legalities surrounding wages and benefits.

British Columbia business owners are often busy with a range of priorities such as cash flow and making the next sale. When a promising new employee comes around, it can be tempting to quickly onboard the individual through a “handshake deal” and skip certain formalities. However, a written employment contract that is particular to the individual and role being hired can save business owners a big headache down the line, especially if the relationship goes sour and a civil suit is filed.

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 reference is made in good faith. This is different than the reality in the United States, where suing for negative references is appropriate for a defamation case.

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.

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.

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.

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?