Employment Law

COVID-19 Vaccination Mandates in BC Workplaces

TagsArticles, Employment and HR Law for the COVID-19 Pandemic, Employment Law

COVID-19 vaccination policies in BC workplaces are giving rise to a number of provincial legal implications and public policy considerations that should be carefully considered by all employers as they deliberate on whether to implement a workplace policy concerning COVID-19 vaccinations for their employees. It is this writer’s position that employers can implement such a…

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Does your workplace require a health and safety program? Some Q & A about the Occupational Health and Safety Regulation

TagsArticles, Employment Law

WorkSafeBC is an organization established by the provincial legislation, the Workers Compensation Act, RSBC 2019, c 1 (the “WCA”), and has a mandate to oversee a no-fault insurance system for workplaces in our province. The current version of the WCA has 12 associated regulations which help define and apply the WCA. One of those regulations…

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Amendments to the BC Employment Standards Act aimed at protecting under-aged Employees

TagsArticles, Employment Law

British Columbia was the only jurisdiction in Canada to allow for children to enter the workforce at age 12, but new amendments to the Employment Standards Act that come into force on October 15, 2021 will change that and bring British Columbia in line with Canadian and International standards for employing children.  Employers who currently…

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Failure to Mitigate Damages Results in “Discounted” Severance Entitlement

TagsEmployment Law

When an employee is terminated from their employment, they have a duty to mitigate their damages – meaning that the individual needs to take active and demonstrable steps to apply for and attempt to secure alternative employment. If the employee finds alternative employment in the reasonable notice period, then the amounts earned are generally discounted…

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Read more on Can an Employer Terminate an Employee Who Refuses to Wear a Mask?

Can an Employer Terminate an Employee Who Refuses to Wear a Mask?

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

As the norms of society have shifted as a result of COVID-19, the issue of wearing a mask or not has become a contentious issue in and outside of the workplace. While preventative masking is not mandatory pursuant to government legislation, many businesses are requiring customers and employees to mask. A private business is well…

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Read more on Doak Shirreff: COVID-19 and Employment Law

Doak Shirreff: COVID-19 and Employment Law

TagsArticles, Business Law, Employment Law

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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Read more on Understanding Constructive Dismissal

Understanding Constructive Dismissal

TagsArticles, Employment Law

Constructive dismissal is one of the most confusing areas of employment law.  Not all employer conduct is sufficient to trigger a legitimate claim for constructive dismissal and conduct that would otherwise seem innocuous may trigger a legitimate claim. What is Constructive Dismissal? Constructive dismissal happens when an employee resigns from their position because the employer…

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Our Kelowna lawyers represent clients throughout the Okanagan Valley and the rest of BC. We have a diverse practice, from personal injury representation or wills and estate planning to commercial business law or real estate transactions.