Would an employee who has COVID-19 have a ‘disability’ and be protected under BC Human Rights Act?

TagsEmployment and HR Law for the COVID-19 Pandemic, Uncategorized

Would an employee who has COVID-19 have a ‘disability’ and be protected under BC Human Rights Act? The BC Human Rights Code provides that an employer must not refuse to employ, refuse to continue to employ or discriminate against an employee because of their: Race Colour Ancestry Place of origin Political belief Religion Marital status…

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Can an Employment Contract be Frustrated by Pandemic?

TagsEmployment and HR Law for the COVID-19 Pandemic

The Legal Implications of COVID-19 and section 65(1)(d) of the Employment Standards Act: Can an Employment Contract be Frustrated by Pandemic? One of the main principles of the Employment Standards Act (the “ESA”) is the legislated notice requirements that employees are entitled to be given upon a ‘without cause’ termination. The minimum reasonable notice periods…

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COVID-19 – Lay offs – For Employers – Federal Work Sharing Program

TagsEmployment and HR Law for the COVID-19 Pandemic

For Employers - Federal Work Sharing Program This program allows for eligible employers to avoid layoffs and retain skilled employees and workers during the uncontrollable business downturn resulting from COVID-19. Note that applications for a work-sharing agreement must be submitted a minimum of 30 days prior to the requested start date. This has not changed…

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COVID-19 – Lay Offs – For Employers -Assisting employees’ in unemployment through Supplemental Unemployment Benefit Plans

TagsEmployment and HR Law for the COVID-19 Pandemic

Considerations for Employers Laying Off Employees in Response to COVID-19 Pandemic If your business makes the decision that it has no option but to decrease its workforce in response to COVID-19 or the resultant economic effects, it is important to be aware that the standard laws surrounding lay-offs and termination (including notice periods or pay…

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COVID-19 – General – Symptom Reporting Requirements

TagsEmployment and HR Law for the COVID-19 Pandemic

As the ever fluid circumstances surrounding the global response to COVID-19 continue to evolve, below are some common questions which have arisen. Is it mandatory for Employees to self-isolate? If the Employee has travelled, both Federal and Provincial public health leaders have recommended that all travellers to Canada self-isolate for 14 days. These efforts will…

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COVID-19 – What if an Employee Contracts COVID-19 at Work?

TagsEmployment and HR Law for the COVID-19 Pandemic

If an employee contracts COVID-19 while at work, it would likely be considered a work-related injury which would be covered by the Workers Compensation Act and administered through WorkSafeBC. The nature of COVID-19 and the fact that symptoms may not develop for a considerable period may make it difficult to assess whether the employee was…

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COVID-19 – Termination or Lay Off?

TagsEmployment and HR Law for the COVID-19 Pandemic

In these unprecedented times, many employers are faced with unexpected closures of rapid downturns in business that unfortunately requires a decision to lay off or terminate employees. Employers can find other articles on the means and process of termination on our website here. This article will explore the risks and requirements of employers facing the…

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COVID-19 – Can an Employer Require an Employee to Self-Quarantine?

TagsEmployment and HR Law for the COVID-19 Pandemic

Some employees who have been travelling back to Canada from abroad, including the United States are required to self-quarantine for a period of 14 days under mandate from the federal government. Other employees, who have travelled recently from Italy, certain Chinese provinces and Iran are required to not only self-quarantine, but also required to report…

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COVID-19 – Can an Employee Refuse to Work because of COVID-19?

TagsEmployment and HR Law for the COVID-19 Pandemic

Like in most employment law contexts, the answer depends. Some employees are unable to refuse to work on health and safety grounds like a pandemic such as COVID-19 – these employees include firefighters, police, hospital and long-term health care workers as their employment is inherently dangerous and required to deal with such risk. Other employees…

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COVID-19 – What Employers Need to Know in the COVID-19 Pandemic

TagsEmployment and HR Law for the COVID-19 Pandemic

The recent worldwide COVID-19 pandemic is affecting businesses everywhere. Whether it is mandatory or recommended closures, limited hours, skeleton staffing, or temporary or indefinite layoffs – everyone is, or will be, impacted by the COVID-19 outbreak. The various rights and obligations of employers and employees alike remain in full force and are not deferred from…

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