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Managing Employee Complaints and Investigations
Canadian Bar Association (BC Branch) Employment Law Section Meeting March 25, 2013…
In a relatively short time, privacy has become a major area of legal evolution…
The BC Freedom of Information and Privacy Association, known as FIPA, is a public interest group that promotes Canadian privacy rights, including those applicable to employees in the workplace.
First responders, emergency workers, and law enforcement officers put their lives on the line and their bodies in harm's way on an almost daily basis. As a result, people in these lines of work are frequently subject to injuries on the job.
Though workplace accidents can be avoided by taking proactive steps to meet safety requirements, some types of employment are inherently more hazardous than others. First responders, for example, enter dangerous work environments on a daily basis, confronting a high risk of physical and mental injury.
B.C.'s Employment Standards Act (ESA) states that "an employer must not require or directly or indirectly allow an employee to work excessive hours or hours detrimental to the employee's health and safety.”
Proper signage and barriers are important to maintaining safe construction sites. Such safety measures are meant to protect workers and bystanders in the area.
Workplace injuries can occur in a variety of settings. While construction work sites may be the first locations that many people think about when they consider dangerous workplaces, the reality is, health care facilities can be extremely dangerous to those who work there.
Injuries inflicted by another person may not be the first thing that comes to mind when the phrase "workplace injuries" is mentioned and yet, such incidents do occur. Sometimes injuries inflicted on a worker by another co-worker, client, or patient…
While few residents of British Columbia likely think about it before they step out the door to head to work, the reality is workers are regularly hurt while doing things tied to their jobs.
On average, people in British Columbia are living longer than they ever have before. One of the offshoots of this trend is an aging workforce. One expert suggests that a corresponding increase in workplace injury frequency and recovery time is already evident.
The unexpected death of loved one is always difficult to face. This is particularly true when the person who dies is young and has most of his or her life ahead of them. Though few people likely think about it when they set off for work in the morning, in some cases it is possible a fatal accident could occur there.
Employees who have spent decades on the job often become known and loved by many co-workers and customers. They may also be the ones younger, less experienced workers turn to for help and advice.
No one goes to work expecting to be hurt. However, the possibility of a workplace injury occurring is present for anyone, and so safeguards to minimize the risk should be in place. In recent local news…
Hazardous conditions may be present at any job site. For those whose work takes them out on the streets and highways of British Columbia, however, there is an extra element of danger present at all times.
Canada is a country that promotes tolerance and respect in all aspects of life, including work. Certainly, no person deserves to be subjected to discrimination in the workplace for any reason. The definition of "workplace" is at the heart…
There are multiple grounds upon which employees and prospective employees assert complaints of discrimination in employment. While these claims mostly arise during the course of…
When employees in British Columbia feels that they were victims of discrimination in the workplace, they may be able to file a human rights complaint with the British Columbia Human Rights Tribunal, or with the Canadian Human Rights Commission.
Employees in the Canada have certain workplace rights. To keep a business running smoothly, employers need to be aware of various laws which set out these rights, both in legislation and as a result of developments in the common law.
Workplace discrimination can take many different forms and can be based on a variety of prohibited grounds including race, gender and religion. While many who experience…
There have been several developments in Canadian human rights law in recent months. In this newsletter, we address a few of them at home in British Columbia, in our neighbouring province of Alberta and in the Federal sphere.
A number of Canadian immigration programs allow for skilled workers from other countries to live and work in Canada and eventually apply for permanent residency. These programs include…
While not all workers belong to a union, there are a variety of things those who do can look to the organization for help with. One of those things is negotiating compensation and benefits.
Social media is a constant presence in the 21st century, both in the lives of private citizens and public corporations. People use it to connect with one another, and businesses use it to connect with consumers.
Employers and employees have a symbiotic relationship. Employers must rely upon employees for a business to work and employees rely upon employers to make a living. While these relationships often work well…
Labour and employment laws in Canada are complex, and anyone dealing with an employment law issue at the federal or provincial level should have straightforward legal advice.
What to Expect in Human Resources Management in 2022: A Review of Recent Developments and Trends in Workplace Law (Watch Webinar)
The Latest Developments in the Law Governing BC Workplaces
“Winds of Change in the Workplace” Recent and Future Anticipated Developments in the Law…
Human Resources Management Association (HRMA) Legal Symposium Renaissance …
The Supreme Court has ruled that non-unionized federally regulated workers are owed just cause when fired. This past summer, the Supreme Court of Canada ruled that…
The 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 corporate executive to file a wrongful termination lawsuit…
Being dismissed from a job is usually a difficult pill to swallow, but summary dismissal from a position of tenure can be personally and financially devastating…
Last week, we discussed a recent wrongful dismissal claim filed in British Columbia Supreme Court by the former executive of a Vancouver-based social media company.
When an employee files a wrongful dismissal lawsuit against a former employer, there is more than one way the matter may be resolved. While some claims go the distance to court…
If an employer in Canada unilaterally makes substantial changes to an employee's employment contract - thereby fundamentally altering the terms and conditions of employment…
Relevant Legal Principles – Just Cause…
Human Resources Management Association (HRMA) Legal Symposium Renaissance…
For employees and employers alike, layoffs and dismissals are among the most difficult employment-related matters…
The nature of the Duty to Accommodate and legal requirements to satisfy it continue to develop…
It has long been recognized that an essential element in protecting human rights was a widespread knowledge…
Best Practices in Hiring Employees: Minimizing the Risk of Claims & Liability
Workplace investigations have in recent years taken on additional importance…
The Post-Pandemic Workplace
A recent report by the Toronto-based Institute for Work and Health reveals that those who make return-to-work decisions about injured employees may be more interested in containing their costs than protecting the well-being of workers.
The sale of assets of a business triggers the termination of employment at common law…
Canadian privacy laws continue to evolve and mature, having gone from relative infancy to a serious topic…
Recently at a Toronto FC soccer game, a group of men heckled a female journalist in a vulgar manner. She confronted the men, and one of them, a Hydro One engineer, was subsequently fired…
Under the Workers Compensation Act, employers in British Columbia are subject to strict requirements with regard to workplace injuries and some accidents that do not result in injury.
Accidents in the workplace that result in injuries require careful investigation to determine the cause of the accident and the source of the injury. Whether the accident is due to a simple oversight on the part of a worker…
Safety training is important in every workplace. In order to develop effective safety policies that protect employees from dangerous situations and guard employers from liability, employers may need to take into account a variety of factors, including workers' specific skills and experience.
There is no question that virtually anyone who works could be injured while at his or her job. This includes individuals employed in the waste and recycling field.
Despite many employers taking steps to prevent workplace accidents from occurring, they do still happen. Sometimes they result in employees suffering serious injuries necessitating time away from work. While in time those injuries may heal, other times a worker could find that he or she is permanently disabled.
Workplace accidents can be devastating. In addition to serious injuries that may make it impossible for someone to work for a period of time--or maybe even ever again--in the worst cases, death result.
In an earlier post we wrote about a decrease in worker deaths in British Columbia last year. While this is undoubtedly good news overall, it does not tell the whole story regarding worker deaths.
On May 25, 2016, the Supreme Court of British Columbia rendered a decision in a workers’ compensation case that is…
A story has surfaced in the BC media of allegations that safety may have been compromised for workers hired to clean ash that was generated in the Fort McMurray wild fires. The allegations of one employee from BC are of great concern.
The potential for injury exists at every workplace and job site. It is crucial that employees and employers alike do all they can to ensure workers are safe while on the job and the risk of a workplace accident is minimized.
Hazards exist in varying degrees at any job site. Learning how to deal with them should be part of every worker's training program, and risk minimization a part of the daily routine for employees and employers in Canada.
Sometimes the wheels of justice turn slowly, especially when multiple parties are involved and investigations need to be conducted. When the incident in question involves a workplace injury, facts have to be gathered by both sides…
Sexual harassment in the workplace is a serious issue which can have serious ramifications for employers and workers if it goes unaddressed. At present, the issue has arisen in Canada regarding the sexual harassment female chefs face in the workplace.
Workplace discrimination is not always obvious. According to a study on Canada's workforce that was recently conducted, this is particularly true for members of the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community.
Given that race is a protected ground under human rights legislation, workers who believe they have been discriminated against in the workplace because of their race can file a complaint against that employer.
The British Columbia Human Rights Code prohibits discrimination in the workplace on a variety of grounds including mental and physical disability. When a worker suffers discrimination…
A 49-year-old British Columbia Mountie awaiting trial in a highly publicized lawsuit she filed four years ago against the RCMP for sexual harassment in the workplace has had her matter settled out of court.
Each province in Canada sets its own minimum hourly wage for workers in that province. However, there are exceptions to this labour law in several provinces, including British Columbia. A local hockey league…
For the second time in a month, the Supreme Court of Canada has made a landmark ruling on public-sector labour law. The first ruling, which we discussed in a recent post, gives Mounties the right to engage in meaningful collective bargaining…
On July 14, 2016, the Supreme Court of Canada rendered its highly anticipated decision interpreting the Canada Labour Code's provisions prohibiting unjust dismissal of nonunionized federally regulated employees.
For many individuals in British Columbia, unions play an important role in governing their labour relations. Unions represent workers in various occupations, in labour matters and among other things…
The Site C hydroelectric project planned for construction on the Peace River is the largest public infrastructure project in the history of the province. When complete, the $8 billion endeavor…
In 2002 legislation was passed that removed class size limits in schools in British Columbia. That legislation, called Bill 28, was deemed unconstitutional in 2011 because it stripped teachers' right to collectively bargain to have class sizes limited.
Human Resources Management in Challenging Times: Pandemic Edition
Sexual Harassment in the Workplace…
Marijuana and its impact on the workplace…
The sale of a business can have a significant, multifaceted impact on a business’ relationship with its employees. A number of complex issues arise…
Understanding British Columbia labour and employment law can be a complicated matter. For example, individuals may find it surprisingly difficult to ascertain whether one is an "employee"…
One of the privileges of being a working woman in British Columbia is having the option to take leave to give birth and begin raising a baby…
If an employee and his or her employer enter into an agreement, both parties expect the other to uphold their end of the contract. Should either side fall short, the wronged party will naturally expect compensation for the breach.
Business In Vancouver is reporting that a former member of executive leadership in a Vancouver social media company has filed a lawsuit against his former employer for wrongful dismissal.
There are many reasons why employees could find themselves without a job. One reason which often arises in the context of dismissals for just cause is where the employee is accused of…
Many employment opportunities require workers to relocate, and an employment contract may include, among other things, an agreement that the employer will pay part or all…
The BC Employment Standards Act provides basic protections for employees who lose their jobs, regardless of whether an employee quits or is fired or laid off.
Incentive compensation is increasingly an important term of employment for employers and employees. Employers are using incentive compensation to achieve…
The sale of a business can have a significant, multifaceted impact on a business’ relationship with its employees.
New Limitation Act Presentation
As I approach my 25th anniversary of being called to the British Columbia bar, I increasingly reflect on the journey to this point in my career as a lawyer…
Disability Management and Employee Absenteeism
A BC woman has filed a human rights complaint after the BC government clawed back her maternity and parental benefits in order to reimburse the province for her partner's disability payments.
Responsible social media use at work, including policies, recruitment, performance management, and recent case law.
Requesting medical information from an Employee raises innumerable legal issues related to privacy, human rights and workplace safety.
Employee privacy rights are at the centre of a recent spyware scandal involving Saanich municipal workers.
Human Resources Management Association (HRMA) Legal Symposium Pinnacle…
Statistics from WorkSafeBC show that, between 2005 and 2012, more than 3,720 health care workers suffered injuries because of violence at work. That figure is particularly alarming when you consider that, during the same period of time, 241 workers in law enforcement were injured.
When investigating workplace accidents in British Columbia, WorkSafeBC normally requests the findings of the employer's internal investigation if one was conducted. However, after a fatal explosion at a B.C. sawmill in 2012, the agency decided not to follow that procedure.
Readers may be aware that workers who are injured on the job could obtain workers' compensation benefits to help to cover the expenses that arise as a result of the injury. To secure these benefits injured workers must go through WorkSafeBC.
When an accident occurs, things can change for a person in an instant. Depending on the circumstances surrounding the incident there are various ways that someone might seek compensation for their injuries. If the accident occurred at one's workplace, workers' compensation benefits could be available.
Workplace safety is important for individuals regardless of their occupation. Depending on a wide variety of factors, including the job and the type of accident that occurs, the outcome of a workplace accident can be devastating.
When it comes to workplace injuries the first thing that comes to mind for most people is likely a serious accident, but this is not the only way in which a worker could be harmed on the job.
There is no question that health care workers play an important role in society. While providing care for others, many may not be aware that they could be putting their own health on the line. Readers may be surprised that British Columbia long-term health care workers…
On May 25, 2016, the Supreme Court of British Columbia rendered a decision in a workers' compensation case that is getting media attention in the Vancouver area.
When a person gets hurt on the job, the injury becomes apparent immediately. This is typical of a laceration or impact injury. However, sometimes a workplace injury does not become evident at the moment it occurs, or the severity of the injury may not be obvious.
The film and television industry is a major source of employment in Vancouver and across British Columbia. Those working in the field have the opportunity to do what they love right in their own province.
Working at a height increases the risk of an accident at any job. Each year, many men and women in British Columbia are injured at work after a fall. The most recent incident resulted in the death of a young man after a workplace accident on Vancouver Island.
To enter into certain trades and professions is to accept a heightened degree of risk for personal injury. For example, a career as a firefighter or logger carries with it a known element of danger.
Employers have a duty to accommodate workers who are disabled, up to the point of undue hardship or where a bona fide occupational requirement (BFOR) exists. The situations in which an accommodation…
Readers may be aware that there are laws in place in Canada that prohibit discrimination based on gender. Under those laws, among other things, the compensation a worker receives cannot be negatively impacted as a result of one’s gender.
For residents of multicultural Canada who have to go to work regularly, the fact that workplace discrimination is still occurs is unfortunate news. Despite the activity being illegal, a recent survey…
The BC Human Rights Code provides employees in the province with a variety of workplace protections. One of those protections is from acts of discrimination. When an employee believes…
Federal laws require that women get pay equal to that of men for work of equal value within any federally-regulated employer of any size. The Government of Canada website defines pay equity between the genders…
The rules regarding foreign labour recruitment vary across Canadian provinces. For example, in Alberta, recruiters are not allowed to collect a fee for finding employment for a foreign worker.
When a union and an employer cannot reach an agreement, the possibility of employees striking often looms. Recently, a situation of this nature arose in Vancouver. The Alberni-Clayoquot Regional District and CUPE Local 118…
Almost 100 percent of the 4,700 unionized Vancouver-area transit workers employed by TransLink subsidiary Coast Mountain Bus voted late Thursday to support a strike in stalled contract negotiations.
Canadian and British Columbian workers are provided certain protections at law and expect certain things from their employers. For unionized workers, a union negotiates on behalf of its members…
In the 1960s, the right to collective bargaining was gained by federal public servants in Canada. However, in 1999, the Supreme Court of Canada ruled that the Mounties were not allowed to form unions.
CPA Surrey, Langley & North Delta Chapter Newlands Golf & Country Club…
Employment, Labour Relations, Human Rights and Privacy Issues Arising in the Purchase and Sale of a Business…
Recent Trends in Termination and Case Law Update…
The film industry is a major employer in British Columbia. A job working on a feature film is a highly sought-after position, and the opportunity to work on a potential blockbuster is of even greater appeal.
Employees and employers rely upon each other to get a job done. Sometimes when the two parties do not see eye to eye on an issue, that relationship can be strained…
A 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 from outside of Canada may be embarking into new territory…
When an employer is accused of wrongfully dismissing an employee, there are different ways the employer may choose to respond. Recently, a British Columbia employer…
Most people change their jobs multiple times throughout their lives. The reasons that prompt someone to seek a new job vary widely. Sometimes it occurs because a worker chooses this…
A company's high-level business decisions can have repercussions throughout the entire organization, and unfortunately sometimes the decision to restructure…
Although it is not a universal practice, many employers require employees to sign an employment contract at the time of hire. Employment contracts may be short or long…
The employment relationship is more likely to be successful…
The media reports daily on a wide range of subjects demonstrating the way in which technology has fundamentally changed our lives and the workplace.
Employers are well-aware of the challenges arising from the application of the duty to accommodate. Those challenges are made all the more difficult by…
Current Legal Issues and Trends in Human Resources Management
There was a time that employees throughout British Columbia could count on a pension when they retired after years of working. As the years have passed however, this has changed. Workers living longer and a lagging economy contribute to this.