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Recap: Virtual Employer Forum – Restrictive Covenants: When and How to Use Them

Recap: Virtual Employer Forum – Restrictive Covenants: When and How to Use Them For its May Employer Forum, we turned our attention to restrictive covenants: What are they, why do you need them, and how should you put them into place? KEL lawyers Simon Kent and Ryan Macklon led the discussion, which included a review […]

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Covid-19 Case Law Update: Is It CERB Payback Time?

By Fiona H. McFarlane and Janelle Neufeld The courts are slowly weighing in on the impact of the global pandemic on employment relationships.  The BC Supreme Court’s decision in Hogan v. 1187938 B.C. Ltd., 2021 BCSC 1021 is one example. The Facts Terence Hogan was an assistant service manager of Mercedes-Benz and was 52 years […]

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Recap: Virtual Employer Forum – Mental Health Matters

For our April Employer Forum, the focus was workplace mental health – a particularly timely topic given the widely-acknowledged negative impacts that the COVID-19 pandemic is having on our mood, functioning and overall psychological wellbeing. Forum facilitators lawyer Fiona McFarlane and former clinical counsellor (and current KEL co-owner) Wendy Woloshyn began the discussion with a […]

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Verbal Resignations: Do Intentions Matter?

By Sean Marzinzik. The BC Supreme Court recently had the opportunity to consider whether an employee’s verbal resignation was effective, or whether the employee’s subjective intentions had to be taken into account as well (Conway v. Griff Building Supplies Ltd., 2020 BCSC 1899). Background Mr. Conway was a long-term (20 year) employee who had been […]

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New Zealand’s Miscarriage Bereavement Bill is a leap forward—but maybe not how you think? How Canada Compares

By Stephanie Cousineau and Kim Darling. Last week, New Zealand made headlines when Parliament unanimously passed the Miscarriage Bereavement Bill, giving mothers and their partners three days’ bereavement leave after pregnancy ends from miscarriage or stillbirth. Previously, paid leave was available in New Zealand for a stillbirth (i.e., after 20 weeks’ gestation) – now,  it […]

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Labour reforms sought for gig economy workers (Fiona McFarlane speaks to Business in Vancouver)

Labour reforms sought for gig economy workers By Hayley Woodin, Business in Vancouver, April 6, 2021 As it faces a potential $400 million class action lawsuit in Ontario on the issue of driver classification, Uber last month announced what it called a modern approach to supporting app-based workers. Find out what employment lawyer Fiona McFarlane […]

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Interns and Volunteers: Beware of “Free” Labour

By Wendy Woloshyn. Several years ago, we wrote a blog post on what we termed the “perils” of unpaid internships. The topic was particularly…topical at the time (2014), as the Canadian Press then reported that unpaid internships were “on the rise in Canada, with some organizations estimating…as many as 300,000 people currently working for free […]

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Recap: Virtual Employer Forum – The What, Why and How of Workplace Policies

For our February Employer Forum, we turned our attention to workplace policies: What are they, why do you need them, and how should you put them into place? KEL lawyers Fiona McFarlane and Stephanie Cousineau led the discussion, which included a review of the relevant legislation and certain key common law principles, and an introduction […]

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Non-Competition Covenants: Cautions for Employers

By Ryan Macklon and Wendy Woloshyn. Many employment contracts contain clauses known as restrictive covenants. The most well-known of these are non-competition clauses, which prohibit an employee from competing with their ex-employer’s business after the employment contract is terminated. (Non-solicitation and non-disclosure or confidentiality clauses are the two other categories of restrictive covenants that are […]

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Can your Employer Call the Shot? The Question of Mandatory COVID-19 Vaccines and the Workplace

By Stephanie Cousineau and Kim Darling. In December 2020, the first person in Canada received their first dose of the COVID-19 vaccine. So began Stage 1 of the vaccine rollout, during which the government expects over 5 million people will be vaccinated. Another 12 million are expected to get their shots during Stage 2 (between […]

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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.