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Medical Marijuana in the Workplace: The More Things Change…

Change can be scary. The first question on most people’s minds when change is on the horizon is: What will this mean for me? As an employer, workplace change can be doubly overwhelming, since you need to consider not only your own interests, but also those of your employees. And when that change is imposed […]

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Does an Employee’s Duty to Mitigate Extend to Offers of Re-employment Following Dismissal?

By Andres Barker, Lawyer. It is a basic, fundamental principle of Canadian wrongful dismissal law that an employee has a duty to mitigate her losses following the termination of her employment. The essence of this duty is that a dismissed employee must look for comparable work matching her skills, qualifications and professional status. If an […]

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Top 10 Overtime Tips for Employers

Do your employees work overtime? If so… Do you know when and how much to pay them? How – and how well – do you keep track of their hours? Do you have an OT policy in place that is fair, transparent, and consistently applied? A series of class action employee lawsuits out of Ontario […]

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Should I Ask for a Criminal Record Check? 4 Tips for Employers

With contributions by Andres Barker, Lawyer. In April 2014, the BC Information and Privacy Commissioner issued a report regarding the flawed process for conducting employment-related record checks in this province (see our previous blog post here). Effective January 2015, the Vancouver Police Department adopted a new Police Information Check (PIC) policy as a result of […]

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Off-Duty Misconduct – What’s an Employer to Do?

Lawyer Erin Brandt (nee Kizell), Contributor. We thought we had missed our window to comment on the issue of employee off-duty misconduct, now that more than two months have passed since Hydro One employee Shawn Simoes was fired for his on-air harassment of a television news reporter. However, the topic is once again in the […]

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Employers, it’s Time to Stress-Test your Employment Contracts

Employment contracts are serious business. Have you stress-tested yours lately? In the case of Alsip v. Top Rollshutters Inc. dba Talius , the employer’s loosely drafted employment contract and failure to discuss key employment terms with a new employee before hiring resulted in a wrongful dismissal lawsuit, and a court order that the employer pay […]

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Pregnant Employees: Accommodation, Leave and Doctors’ Notes

Lawyer Richard Johnson, Contributor. In our most recent blog post we offered an overview of British Columbia’s human rights regime, and how an employee’s childcare responsibilities fit within that framework. This week, we revisit the topic of an employee’s human rights protections, this time in the context of pregnancy leave. For a refresher on the […]

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Employee Childcare Obligations: A Matter of Human Rights

Lawyer Richard Johnson, Contributor. With increasing public awareness and understanding of the concept of “human rights” over the past several decades, most Canadian employees now know that laws exist to protect them from harassment or discrimination in the workplace. For those employees who aren’t familiar with Canada’s human rights regime here’s a very brief overview: […]

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Steinebach v. Clean Energy: What Are a Commissioned Employee’s Severance Entitlements?

Lawyer Trevor Thomas, Contributor. When it comes to calculating an employee’s entitlements on termination, the primary focus tends to be on how many months of severance (or notice) the dismissed employee should receive. A secondary but equally important aspect of the calculation is what types of compensation should be included in the final severance amount. […]

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Wilson v. Atomic Energy of Canada Ltd.: Is a “Without Cause” Dismissal also “Unjust”?

By Andres Barker, Lawyer. A recent Federal Court of Appeal decision has provided some clarity on the meaning of an “unjust dismissal”, and in doing so offers some added piece of mind to employers in federally regulated industries who want to make adjustments to their labour force. Background Employees who work in industries such as […]

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