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 […]
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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 […]
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 […]
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 […]
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 […]
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 […]
Let’s Call a Spade a Spade: When is an Independent Contractor really an Employee?
In this virtual era, the traditional workplace model of one site filled with many employees is gradually becoming replaced by the more modern approach of several individual workers operating remotely from a variety of locations, often home offices. The potential benefits to business owners of this alternative structure are myriad: reduced overhead, flexible work schedules, […]
Employee Resignations: Not as Straightforward as They Seem
During a heated exchange at a contentious meeting, one of your employees tells you she’s quitting and won’t be coming back, then angrily exits the boardroom. Clearly, she’s resigned, right? The answer is…it depends.
Better Safe Than Sorry – Top 5 Things to Include in Your Employment Contracts
The employment relationship is very much like a marriage – in an ideal world, both parties enter the union filled with excitement and hope for the future. Neither person wants to contemplate the possibility that the relationship might someday end. But the sad fact is that employee dismissal is just as much a reality as […]
Preventing Bullying and Harassment in the Workplace
Responsible business owners know they have a legal obligation to help ensure the health and safety of their workers. They also know that a safe workplace is one where bullying and harassment are not tolerated. But until recently, BC employers may have been unsure about exactly how to recognize and address workplace bullying and harassment […]
