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Discrimination alleged for BC maternity benefit clawback PENSION AND BENEFITSA BC woman has filed a human rights complaint after the BC government clawed back her maternity and parental…

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Economic outlook could prompt changes to pension plans PENSION AND BENEFITSThere was a time that employees throughout British Columbia could count on a pension when they retired after years of working…

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Workplace injury benefits may be cut off despite doctor’s advice PENSION AND BENEFITSA recent report by the Toronto-based Institute for Work and Health reveals that those who make return-to-work decisions about injured …

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Managing Social Media: Responsible Use at Work PRIVACY & FREEDOM OF INFORMATIONInfonex First Nations HR Conference
Sandman Hotel, 180 West Georgia St, Vancouver, BC…

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R v Cole and the Diminished Right to Privacy PRIVACY & FREEDOM OF INFORMATIONCanadian Bar Association (BC Branch)
Employment Law Section Meeting March 25, 2013…

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Labour and Employment Issues for Commercial LawyersPRIVACY & FREEDOM OF INFORMATIONThe sale of assets of a business triggers the termination of employment at common law. …

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Employer Rights and Obligations in Connection with Employee Personal Medical InformationPRIVACY & FREEDOM OF INFORMATIONRequesting medical information from an Employee raises innumerable legal issues related to privacy, human rights and workplace safety…

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Technology in the Workplace, Social Media and the Investigation of ComplaintsPRIVACY & FREEDOM OF INFORMATIONIn a relatively short time, privacy has become a major area of legal evolution…

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Employee Privacy at WorkPRIVACY & FREEDOM OF INFORMATIONCanadian privacy laws continue to evolve and mature, having gone from relative infancy to a serious topic …

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Recent scandal highlights privacy concerns at the workplacePRIVACY & FREEDOM OF INFORMATIONEmployee privacy rights are at the centre of a recent spyware scandal involving Saanich municipal workers…

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Privacy rights and employer concerns in the BC workplace PRIVACY & FREEDOM OF INFORMATIONThe BC Freedom of Information and Privacy Association, known as FIPA, is a public interest group that promotes Canadian privacy rights…

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Do employment codes of conduct cover off-duty behaviour? PRIVACY & FREEDOM OF INFORMATIONRecently at a Toronto FC soccer game, a group of men heckled a female journalist in a vulgar manner. She confronted the men,…

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Legal Symposium 2016: The Modern Workplace PRIVACY & FREEDOM OF INFORMATIONHuman Resources Management Association (HRMA) Legal Symposium Pinnacle…

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PTSD- Not every workplace injury affects the body OCCUPATIONAL HEALTH & SAFETYHuman Resources Management Association (HRMA) Legal Symposium Pinnacle…

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What are the injury reporting requirements for employers in BC? OCCUPATIONAL HEALTH & SAFETYUnder the Workers Compensation Act, employers in British Columbia are subject to strict requirements with regard to…

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Non-compliance with safety regulations blamed for violent incidents in B.C. hospitals OCCUPATIONAL HEALTH & SAFETYStatistics from WorkSafeBC show that, between 2005 and 2012, more than 3,720 health care workers suffered injuries because of …

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B.C. government urged to fast track PTSD claims for first responders OCCUPATIONAL HEALTH & SAFETYThough workplace accidents can be avoided by taking proactive steps to meet safety requirements, some types of employment…

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Investigation underway after explosion at B.C. coal mineOCCUPATIONAL HEALTH & SAFETYAccidents in the workplace that result in injuries require careful investigation to determine the cause of the accident and…

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Inquest into sawmill explosion again underway after review of internal investigationOCCUPATIONAL HEALTH & SAFETYWhen investigating workplace accidents in British Columbia, WorkSafeBC normally requests the findings of the employer’s internal …

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Lawsuit claims overworking led to death of poultry factory employeeOCCUPATIONAL HEALTH & SAFETYB.C.’s Employment Standards Act (ESA) states that “an employer must not require or directly or indirectly allow an employee to work excessive…

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Study: Young workers in Canada less likely to refuse dangerous workOCCUPATIONAL HEALTH & SAFETYSafety training is important in every workplace. In order to develop effective safety policies that protect employees from dangerous…

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Are injured workers receiving the care they need from WorkSafeBC?OCCUPATIONAL HEALTH & SAFETYReaders may be aware that workers who are injured on the job could obtain workers’ compensation benefits to help to …

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WorkSafeBC finds construction signage adequate after trench accidentOCCUPATIONAL HEALTH & SAFETYProper signage and barriers are important to maintaining safe construction sites. Such safety measures are meant to …

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Survey reveals safety issues in waste and recycling fieldOCCUPATIONAL HEALTH & SAFETYThere is no question that virtually anyone who works could be injured while at his or her job. This includes individuals …

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Results of functional capacity evaluation can be overturnedOCCUPATIONAL HEALTH & SAFETYWhen an accident occurs, things can change for a person in an instant. Depending on the circumstances surrounding the …

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Nurses at high risk for workplace injuryOCCUPATIONAL HEALTH & SAFETYWorkplace injuries can occur in a variety of settings. While construction work sites may be the first locations that many people…

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Proposed legislation focuses on workplace accident investigationsOCCUPATIONAL HEALTH & SAFETYDespite many employers taking steps to prevent workplace accidents from occurring, they do still happen…

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Training instrument licensed by BCCSA may prevent work injuriesOCCUPATIONAL HEALTH & SAFETYWorkplace safety is important for individuals regardless of their occupation. Depending on a wide variety of factors,…

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Residential-services sector workers at risk for violent injuriesOCCUPATIONAL HEALTH & SAFETYInjuries inflicted by another person may not be the first thing that comes to mind when the phrase “workplace injuries” is …

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Following workplace accidents WorkSafeBC will investigateOCCUPATIONAL HEALTH & SAFETYWorkplace accidents can be devastating. In addition to serious injuries that may make it impossible for someone to work…

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Man appeals old workplace illness claim with WSCCOCCUPATIONAL HEALTH & SAFETYWhen it comes to workplace injuries the first thing that comes to mind for most people is likely a serious accident, but…

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Fatal workplace accidents down in B.C.OCCUPATIONAL HEALTH & SAFETYWhile few residents of British Columbia likely think about it before they step out the door to head to work, the reality is …

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Construction deaths up in 2015 OCCUPATIONAL HEALTH & SAFETYIn an earlier post we wrote about a decrease in worker deaths in British Columbia last year. While this is undoubtedly…

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Long-term health care workers in BC at high risk for injury OCCUPATIONAL HEALTH & SAFETYThere is no question that health care workers play an important role in society. While providing care for others, many may…

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Older workers more likely to suffer a workplace injury OCCUPATIONAL HEALTH & SAFETYOn average, people in British Columbia are living longer than they ever have before. One of the offshoots of this trend…

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Enforcement of the Workers’ Compensation act, Bill C-45, and Safe Practices in the Workplace: An Update in the Development of the Law OCCUPATIONAL HEALTH & SAFETYOn May 25, 2016, the Supreme Court of British Columbia rendered a decision in a workers’ compensation case that is…

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BC Supreme Court decides workers’ compensation bullying claimWORKERS’ COMPENSATION LAWOn May 25, 2016, the Supreme Court of British Columbia rendered a decision in a workers’ compensation case that is…

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Fatal workplace accidents down in B.C.WORKERS’ COMPENSATION LAWWhile few residents of British Columbia likely think about it before they step out the door to head to work, the reality …

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Construction deaths up in 2015 WORKERS’ COMPENSATION LAWIn an earlier post we wrote about a decrease in worker deaths in British Columbia last year. While this is undoubtedly …

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Long-term health care workers in BC at high risk for injury WORKERS’ COMPENSATION LAWThere is no question that health care workers play an important role in society. While providing care for others, many …

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WorkSafeBC to investigate following fatal workplace accident WORKERS’ COMPENSATION LAWThe unexpected death of loved one is always difficult to face. This is particularly true when the person who dies is young…

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Unsafe working conditions alleged in Fort McMurray fire cleanup WORKERS’ COMPENSATION LAWA story has surfaced in the BC media of allegations that safety may have been compromised for workers hired to clean…

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Not every long-term workplace injury is immediately obvious WORKERS’ COMPENSATION LAWWhen a person gets hurt on the job, the injury becomes apparent immediately. This is typical of a laceration or impact injury…

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Workplace accident takes the life of British Columbia man WORKERS’ COMPENSATION LAWEmployees who have spent decades on the job often become known and loved by many co-workers and customers….

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Heavy fine for fatal workplace accident in British Columbia WORKERS’ COMPENSATION LAWThe potential for injury exists at every workplace and job site. It is crucial that employees and employers alike do all…

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Television shoot is the scene of a workplace injury in Vancouver WORKERS’ COMPENSATION LAWThe film and television industry is a major source of employment in Vancouver and across British Columbia…

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City worker suffers workplace injury at Surrey parkWORKERS’ COMPENSATION LAWNo one goes to work expecting to be hurt. However, the possibility of a workplace injury occurring is present for anyone…

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Likelihood of a workplace accident increases with fatigue WORKERS’ COMPENSATION LAWHazards exist in varying degrees at any job site. Learning how to deal with them should be part of every worker’s training …

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Fatal workplace accident under investigation in Saanich WORKERS’ COMPENSATION LAWWorking at a height increases the risk of an accident at any job. Each year, many men and women in British Columbia…

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Tow-truck driver suffers workplace injury on Highway 1 WORKERS’ COMPENSATION LAWHazardous conditions may be present at any job site. For those whose work takes them out on the streets and highways…

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Man suffers workplace injury when trench collapses; charges laid WORKERS’ COMPENSATION LAWSometimes the wheels of justice turn slowly, especially when multiple parties are involved and investigations need to …

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Workplace injury benefits may be cut off despite doctor’s advice WORKERS’ COMPENSATION LAWA recent report by the Toronto-based Institute for Work and Health reveals that those who make return-to-work decisions…

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Construction industry leads province in workplace accident deaths WORKERS’ COMPENSATION LAWTo enter into certain trades and professions is to accept a heightened degree of risk for personal injury. For example…

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Investigation underway after explosion at B.C. coal mine WORKERS’ COMPENSATION LAWAccidents in the workplace that result in injuries require careful investigation to determine the cause of the accident…

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Inquest into sawmill explosion again underway after review of internal investigation WORKERS’ COMPENSATION LAWWhen investigating workplace accidents in British Columbia, WorkSafeBC normally requests the findings of the employer’s …

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Study: Young workers in Canada less likely to refuse dangerous work WORKERS’ COMPENSATION LAWSafety training is important in every workplace. In order to develop effective safety policies that protect employees from …

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Enforcement of the Workers’ Compensation act, Bill C-45, and Safe Practices in the Workplace: An Update in the Development of the Law WORKERS’ COMPENSATION LAWA Presentation to FIOSA-MIOSA Safety Alliance of BC Terminal City…

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Discrimination trial testing the boundaries of BC employment law HUMAN RIGHTS LAWCanada is a country that promotes tolerance and respect in all aspects of life, including work. Certainly, no person deserves…

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Sexual harassment of female chefs in Canada in spotlight HUMAN RIGHTS LAWSexual harassment in the workplace is a serious issue which can have serious ramifications for employers and workers…

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/blog/2015/08/should-employer-accommodate-workers-use-of-marijuana.shtml HUMAN RIGHTS LAWEmployers have a duty to accommodate workers who are disabled, up to the point of undue hardship or where a bona fide…

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BC Human Rights Tribunal fails to find discrimination in hiring HUMAN RIGHTS LAWThere are multiple grounds upon which employees and prospective employees assert complaints of discrimination…

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Workplace discrimination against LGBTQ workers not always obvious HUMAN RIGHTS LAWTWorkplace discrimination is not always obvious. According to a study on Canada’s workforce that was recently conducted…

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Discrimination claim initially denied by CHRC gets second look HUMAN RIGHTS LAWReaders may be aware that there are laws in place in Canada that prohibit discrimination based on gender. Under those laws…

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Not all claims filed with CHRT deemed discrimination HUMAN RIGHTS LAWWhen employees in British Columbia feels that they were victims of discrimination in the workplace, they may be able to…

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Workplace discrimination claims not limited to minority groups HUMAN RIGHTS LAWGiven that race is a protected ground under human rights legislation, workers who believe they have been discriminated….

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Survey says workplace discrimination alive and well in Canada HUMAN RIGHTS LAWFor residents of multicultural Canada who have to go to work regularly, the fact that workplace discrimination is still …

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Matters related to disability accomomdations often complex HUMAN RIGHTS LAWEmployees in the Canada have certain workplace rights. To keep a business running smoothly, employers need to be aware…

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Could alcohol addiction be the basis for a discrimination case? HUMAN RIGHTS LAWThe British Columbia Human Rights Code prohibits discrimination in the workplace on a variety of grounds including…

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UBC faces human rights complaint from former professorHUMAN RIGHTS LAWThe BC Human Rights Code provides employees in the province with a variety of workplace protections. One of those …

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Employment discrimination during the hiring phase HUMAN RIGHTS LAWWorkplace discrimination can take many different forms and can be based on a variety of prohibited grounds including …

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RCMP settles sexual harassment suit brought by BC Mountie HUMAN RIGHTS LAWA 49-year-old British Columbia Mountie awaiting trial in a highly publicized lawsuit she filed four years ago against the…

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Pay equity for women in the federally-regulated employment sector HUMAN RIGHTS LAWFederal laws require that women get pay equal to that of men for work of equal value within any federally-regulated…

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Human Rights Round Up HUMAN RIGHTS LAWThere have been several developments in Canadian human rights law in recent months…

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B.C. government amends labour law to exempt WHL from minimum wage LABOUR RELATIONS LAWEach province in Canada sets its own minimum hourly wage for workers in that province. However, there are exceptions…

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Are foreign workers in Canada being misled to think they are paying for jobs? LABOUR RELATIONS LAWThe rules regarding foreign labour recruitment vary across Canadian provinces. For example, in Alberta, recruiters are …

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Migrant workers claim Canadian federal program discriminates LABOUR RELATIONS LAWThe rules regarding foreign labour recruitment vary across Canadian provinces. For example, in Alberta, recruiters are …

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Supreme Court rules on essential workers’ right to strike LABOUR RELATIONS LAWFor the second time in a month, the Supreme Court of Canada has made a landmark ruling on public-sector labour law…

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CUPE Local 118 threatens to strikeLABOUR RELATIONS LAWWhen a union and an employer cannot reach an agreement, the possibility of employees striking often looms…

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Union helps B.C. transit works negotiate contract LABOUR RELATIONS LAWWhile not all workers belong to a union, there are a variety of things those who do can look to the organization for help…

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Supreme Court of Canada rules for federally regulated employee LABOUR RELATIONS LAWOn July 14, 2016, the Supreme Court of Canada rendered its highly anticipated decision interpreting the Canada Labour Code’s…

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Vancouver bus drivers’ contract negotiation at critical stage LABOUR RELATIONS LAWAlmost 100 percent of the 4,700 unionized Vancouver-area transit workers employed by TransLink subsidiary Coast Mountain….Read More

Labour law evolving to encompass social media LABOUR RELATIONS LAWSocial media is a constant presence in the 21st century, both in the lives of private citizens and public corporations…

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What happens when workers no longer want to be in a union? LABOUR RELATIONS LAWFor many individuals in British Columbia, unions play an important role in governing their labour relations. Unions represent…

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Pay equity for women in the federally-regulated employment sector LABOUR RELATIONS LAWFederal laws require that women get pay equal to that of men for work of equal value within any federally-regulated…

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BCAA-ERS employees locked out following contract stalemate LABOUR RELATIONS LAWCanadian and British Columbian workers are provided certain protections at law and expect certain things from their employers…

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Multiple techniques available to resolve labour disputesLABOUR RELATIONS LAWEmployers and employees have a symbiotic relationship. Employers must rely upon employees for a business to work …

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Premier steps in after trade council sues BC Hydro LABOUR RELATIONS LAWThe Site C hydroelectric project planned for construction on the Peace River is the largest public infrastructure project…

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Supreme Court: Ban on Mounties’ collective bargaining unconstitutional LABOUR RELATIONS LAWIn the 1960s, the right to collective bargaining was gained by federal public servants in Canada. However, in 1999, the…

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How is the ‘real employer’ of a temporary worker identified? LABOUR RELATIONS LAWLabour and employment laws in Canada are complex, and anyone dealing with an employment law issue at the federal…

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B.C. Court of Appeal sides with province in dispute over teachers’ bargaining right LABOUR RELATIONS LAWIn 2002 legislation was passed that removed class size limits in schools in British Columbia. That legislation, called…

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BEmployment and Labour Relations Law LABOUR RELATIONS LAWCPA Surrey, Langley & North Delta Chapter Newlands Golf & Country Club …

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Overholt Law LLP Client Webinar – January 2021 EMPLOYMENT LAWHuman Resources Management in Challenging Times: Pandemic EditionRead More

Overholt Law LLP Client Seminar – March 2020 EMPLOYMENT LAW Employment, Labour Relations, Human Rights and Privacy Issues Arising in the Purchase and Sale of a Business…

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Overholt Law LLP Client Seminar – Oct 2019 EMPLOYMENT LAWThe Latest Developments in the Law Governing BC Workplaces

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Overholt Law LLP Client Seminar – June 2018 EMPLOYMENT LAWSexual Harassment in the Workplace…

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Overholt Law LLP Client Seminar – May 2018 EMPLOYMENT LAWSexual Harassment in the Workplace…Read More

Overholt Law LLP Client Seminar – October 2017 EMPLOYMENT LAW“Winds of Change in the Workplace”
Recent and Future Anticipated Developments in the Law…

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Legalization of Marijuana and Maintaining a Healthy Workplace EMPLOYMENT LAWMarijuana and its impact on the workplace…

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Overholt Law LLP Client Seminar – April 2016 EMPLOYMENT LAWRecent Trends in Termination and
Case Law Update…

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Common Contractual Issues on
Termination of Employment EMPLOYMENT LAWTHuman Resources Management Association (HRMA) Legal Symposium
Renaissance …

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The Impact of a Sale of a Business EMPLOYMENT LAWThe sale of a business can have a significant, multifaceted impact on a business’ relationship with its employees…

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Labour and Employment Issues for Commercial LawyersEMPLOYMENT LAWThe sale of assets of a business triggers the termination of employment at common law. …

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Supreme Court strengthens protections for non-unionized workers EMPLOYMENT LAWThis past summer, the Supreme Court of Canada ruled that federally regulated…

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Wrongful termination and the independent contractor EMPLOYMENT LAWUnderstanding British Columbia labour and employment law can be a complicated matter. For example, individuals…

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Special FX artist sues for wrongful termination after firing EMPLOYMENT LAWThe film industry is a major employer in British Columbia. A job working on a feature film is a highly sought-after position…

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Fast food employee claims wrongful termination after taking food EMPLOYMENT LAWThe 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….

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Wrongful termination claimed after return from maternity leave EMPLOYMENT LAWOne of the privileges of being a working woman in British Columbia is having the option to take leave to give birth and begin…

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Wrongful termination claimed in Evergreen Line layoff EMPLOYMENT LAWEmployees and employers rely upon each other to get a job done. Sometimes when the two parties do not see eye to ey…

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BC Ferries steward claims wrongful termination EMPLOYMENT LAWBeing dismissed from a job is usually a difficult pill to swallow, but summary dismissal from a position of tenure can…

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Former director sues university for wrongful termination EMPLOYMENT LAWIf an employee and his or her employer enter into an agreement, both parties expect the other to uphold their end of the…

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Kamloops mine boss claims wrongful termination EMPLOYMENT LAWA 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 …

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Media employer answers executive’s wrongful dismissal lawsuit EMPLOYMENT LAWLast week, we discussed a recent wrongful dismissal claim filed in British Columbia Supreme Court by the former executive…

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BC executive files wrongful dismissal lawsuit EMPLOYMENT LAWBusiness In Vancouver is reporting that a former member of executive leadership in a Vancouver social media company…

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B.C. employer faces accusation of wrongful dismissal EMPLOYMENT LAWWhen an employer is accused of wrongfully dismissing an employee, there are different ways the employer may choose…

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Wrongful dismissal cases against BC Government Settled EMPLOYMENT LAWWhen an employee files a wrongful dismissal lawsuit against a former employer, there is more than one way the matter…

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Proper Investigation should be conducted before employee is fired EMPLOYMENT LAWThere are many reasons why employees could find themselves without a job. One reason which often arises in the context…

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Wrongful termination claim results in $84.5K award EMPLOYMENT LAWMost people change their jobs multiple times throughout their lives. The reasons that prompt someone to seek a new job…

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Former COO for Vancouver company claims constructive dismissal EMPLOYMENT LAWIf an employer in Canada unilaterally makes substantial changes to an employee’s employment contract – thereby fundamentally…

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After cross-country move, veteran Canadian journalist claims wrongful dismissal EMPLOYMENT LAWMany employment opportunities require workers to relocate, and an employment contract may include, among other…

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Former Sears employee claims high revenue estimates led to wrongful dismissal EMPLOYMENT LAWA company’s high-level business decisions can have repercussions throughout the entire organization, and unfortunately…

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Insubordination and Insolence: Just Cause for Summary Dismissal? EMPLOYMENT LAWRelevant Legal Principles – Just Cause…

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What rights do dismissed employees have under the BC Employment Standards Act? EMPLOYMENT LAWThe BC Employment Standards Act provides basic protections for employees who lose their jobs, regardless of whether…

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Do employment codes of conduct cover off-duty behaviour? EMPLOYMENT LAWRecently at a Toronto FC soccer game, a group of men heckled a female journalist in a vulgar manner. She confronted …

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Study reveals shockingly few employees read employment contract EMPLOYMENT LAWAlthough it is not a universal practice, many employers require employees to sign an employment contract at the time…

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Common Contractual Issues on Termination of Employment EMPLOYMENT LAW Human Resources Management Association (HRMA) Legal Symposium Renaissance…

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Employee Bonuses and Legal Pitfalls EMPLOYMENT LAWIncentive compensation is increasingly an important term of employment for employers and employees. Employers…

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Here is a list of five important questions that business owners, professionals and individuals should ask before signing an employment agreement EMPLOYMENT LAWDo I fully understand the responsibilities, obligations and restrictions set out in this agreement that bind me or my company? …

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Severance packages at issue in Future Shop employment dispute EMPLOYMENT LAWFor employees and employers alike, layoffs and dismissals are among the most difficult employment-related matters…

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The Impact of a Sale of a Busness on the Obligation to Provide Reasonable Notice EMPLOYMENT LAWThe sale of a business can have a significant, multifaceted impact on a business’ relationship with its employees…

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BC Supreme Court decides workers’ compensation bullying claim EMPLOYMENT LAWOn May 25, 2016, the Supreme Court of British Columbia rendered a decision in a workers’ compensation case that is…

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Supreme Court rules on essential workers’ right to strike EMPLOYMENT LAWFor the second time in a month, the Supreme Court of Canada has made a landmark ruling on public-sector labour law…

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Enforcement of the Workers’ Compensation act, Bill C-45, and Safe Practices in the Workplace: An Update in the Development of the Law EMPLOYMENT LAWA Presentation to FIOSA-MIOSA Safety Alliance of BC Terminal City…

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