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 […]
Tag Archives | employment standards

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 […]

Unacceptable Wait Times for BC Worker Complaints (David Mardiros speaks to CBC)
Wait times for worker complaints in B.C. unacceptable, advocates say By Maryse Zeidler, CBC News, January 16, 2020 The family of one BC woman has waited more than a year for the Employment Standards Branch to hear her case. Find out what Kent Employment Law’s David Mardiros had to say about the unacceptable wait times […]

What Are My Rights as a Pregnant Employee? 6 Things You Need to Know
(Originally published 2014. Updated February 2019.) 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 […]

Four Questions Employees Should Ask Their Employment Lawyer
By Kimberly Darling. If you find yourself needing to consult an employment lawyer, there are a number of important questions you should be asking in that first meeting. 1. What are my rights as an employee? This really should be your first question. Non-unionized employees may have a written employment contract that sets out the […]

Feeling left out? You’re not alone! Exclusions under the BC Employment Standards Act (Part 2)
The BC Employment Standards Act and the BC Employment Standards Regulation contain a multitude of exclusions that leave many employees without the benefits and protections provided for by the Act relating to things like wages, hours of work, leave, vacation pay and overtime. Samantha Stepney explains.

Feeling left out? You’re not alone! Exclusions under the BC Employment Standards Act (Part 1)
The BC Employment Standards Act and the BC Employment Standards Regulation contain a multitude of exclusions that leave many employees without the benefits and protections provided for by the Act relating to things like wages, hours of work, leave, vacation pay and overtime. Samantha Stepney explains.

Money (That’s What I Want): Can an Employer Recover Mistaken Overpayments from its Employees?
(Originally published August 2015. Updated January 2018) What happens when an employer makes a payroll mistake? Can it recover accidental overpayments from its employees? The overpayment issue gained media attention in Canada when grocery chain Loblaws demanded that a group of workers in Surrey, BC pay back thousands of dollars after the employer made a […]
The ESB: A Force to Be Reckoned With
By Fiona Anderson. Employers take note: The BC Employment Standards Branch (the ESB) can land a hefty punch against employers who are found not to be complying with the Employment Standards Act (the ESA). Many smaller employers are not one-hundred per cent sure of their obligations under the ESA, often assuming that if they are […]

Paradise Lost – Firing an Employee on Vacation
By Samantha Stepney. Are you considering firing an employee who is on vacation in order to avoid a scene at the office? We recommend that you reconsider this strategy for both legal and other reasons. Aggravated Damages All employers owe their employees a duty of good faith and fair dealing in the manner of termination. […]