Blog

fired 1

Can I Fire an Employee for Past Misconduct? What Every Employer Needs to Know About Condonation

It is a fundamental principle of wrongful dismissal law that an employer must give a dismissed employee reasonable notice of termination, or provide her with severance pay in lieu of that notice. The exception to this rule occurs when the employer has “just cause” for dismissal – in such cases, the employer can fire the […]

Continue Reading ·
pregnant

What Are My Rights as a Pregnant Employee? 6 Things You Need to Know

Although often a time of excitement and anticipation, pregnancy can also bring with it an overwhelming amount of uncertainty. While we sympathize with any questions you may have about sleep training, nutrition, or discipline, we will leave these topics to the experts. What we can give you is some information and reassurance about your employment […]

Continue Reading ·
newjob1

New Job? 5 Things to Look for in Your Employment Contract

You have successfully completed your search for employment – let us be the first to congratulate you! While exciting, starting a new job can also be a bit overwhelming. You likely have many questions about your new workplace and the policies and processes you will be expected to follow once you arrive. For some new […]

Continue Reading ·
businesscost

The Cost of Doing Business: Can I Require My Employees to Pay for Their Uniforms?

Today’s blog post is the first in a series of Q&A style posts we will be presenting over the next several months. In each post, we will share a question we are commonly asked by an employer or employee (or both!) and review the relevant law to help inform you of your rights and obligations […]

Continue Reading ·
Punitive!

What are Punitive Damages and When Does an Employer Have to Pay Them?

A fired employee can experience a wide range of emotions following dismissal: sadness at the loss of financial security and relationships with his colleagues; fear at the prospect of searching for a new job; and confusion about why she was fired in the first place. Another common reaction following termination is anger, which is typically […]

Continue Reading ·
Privacy1

Privacy Commissioner says Criminal Record Check Process in BC is “Broken”

In a 44-page report released April 15, 2014, BC Information and Privacy Commissioner Elizabeth Denham expresses her opinion that the current process in British Columbia for conducting employment-related record checks is “broken” and not meeting the needs of citizens or employers. Denham described Investigation Report F14-01: Use of Police Information Checks in British Columbia as […]

Continue Reading ·
CLC 2

What Do the Recent Changes to the Canada Labour Code Mean for Me?

Do you operate in the shipping, railway, air transportation, radio broadcasting, banking, or another federally-regulated industry? If so, your business is likely subject to the Canada Labour Code (the “CLC”), and recent changes to that statute have the potential to significantly reduce the financial and other stress employers experience following an employee complaint for unpaid […]

Continue Reading ·
Six Month 1

Reasonable Notice for the Senior Short Term Employee: The So-Called “Six Month Rule”

If you fire a senior employee after only a brief period of employment, there is a good chance you will end up having to pay her more severance than you expected – unless of course she is subject to an air-tight termination clause in her contract. Whether, as some have suggested, such employees will always […]

Continue Reading ·
Relocation1

The Duty to Relocate: How Far Does an Employee Have to Go to Find Work?

A key concept in the area of wrongful dismissal law is mitigation: following dismissal, an employee has a duty to mitigate her losses by searching for new employment. In fulfilling that duty, she must act “reasonably”. But what does “reasonably” mean in this context? Does the law require an employee to relocate in order to […]

Continue Reading ·
unpaid-internships1

Will (Not) Work for Free: The Perils of Unpaid Internships

Nearly a year has passed since a Vancouver-based digital media company responded to online allegations of illegal employment practices by ending its unpaid internship policy. However, despite the furor that surrounded HootSuite’s posting – and pulling – of ads seeking free labour, the Canadian Press reported as recently as last month that unpaid internships are […]

Continue Reading ·

NOT LEGAL ADVICE. Information made available on the Kent Employment Law website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action, based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. One of our lawyers would be pleased to discuss any specific legal concerns you may have.