MASK POLICY DID NOT DISCRIMINATE AGAINST EMPLOYEE WITH MASK-WEARING PHOBIA
As the Public Health Agency of Canada notes “early signs” of a Fall 2023 COVID-19 wave, it remains crucial for employers not to overlook the lessons learned during the pandemic. The recent [...]
THE IMPORTANCE OF GOOD RECORDKEEPING: EMPLOYER’S DAMAGES FOR HOURS NOT WORKED OVERTURNED
In Trejo v Pro-Align Heavy Suspensions Ltd. [Trejo], an employer sought damages from a former employee for payment of wages for work that the employee allegedly did not perform. The Supreme Court [...]
RESIGNATION VS. DISMISSAL: INSIGHTS FROM A RECENT BC SUPREME COURT DECISION
In the recent decision of Khangura v Lumberwest Building Supplies Inc. [Lumberwest], the BC Supreme Court (“BCSC”) considered whether an employee was dismissed or had voluntarily resigned, [...]
OFF-DUTY “ONLYFANS” CONDUCT RESULTS IN DISMISSAL FOR CAUSE
Off-duty conduct, which involves an employee’s actions outside of working hours, can result in discipline up to and including dismissal for cause. This is what occurred on June 16, 2023, when a [...]
NEW LICENSING REQUIREMENTS FOR TEMPORARY HELP AGENCIES AND RECRUITERS
Ontario’s Working for Workers Act, 2021 introduced several new changes to the Employment Standards Act, 2000 (the “ESA”) including the implementation of a licensing framework for temporary help [...]
OFF-DUTY MISCONDUCT LEADS TO ON-DUTY DISCIPLINE: HOW OFF-DUTY EMPLOYEE MISCONDUCT CAN LEAD TO DISMISSAL FOR JUST CAUSE
While employees are free from commitments to their employer when they are not at work, committing serious misconduct off-duty can warrant discipline by their employer. In the recent case of the [...]
SHINING A LIGHT ON MOONLIGHTING: LESSONS FOR EMPLOYERS
With an increase in the popularity of remote working schedules, employers may have concerns about employee moonlighting, which occurs when an employee keeps a full-time job while maintaining a [...]
FIDUCIARY OBLIGATIONS VERSUS THE DUTY OF CONFIDENTIALITY: POTENTIAL IMPACTS ON EMPLOYERS
The recent case of England Securities Ltd. V. Ulmer [Ulmer], decided by the British Columbia Court of Appeal (“BCCA”), highlights the distinction between fiduciary obligations and the duty of [...]
LATEST UPDATES TO THE CANADA LABOUR CODE AND IMPACT ON FEDERALLY-REGULATED EMPLOYERS
Starting July 9, federally regulated employers under the Canada Labour Code will be required to reimburse employees for reasonable work-related expenses and provide written employment statements [...]