The worst has just happened. You have been fired. They say its restructuring or downsizing or “without cause” … but, the reason doesn’t matter. You’ve been fired and your world comes to a crashing stop. What do you do now 1. DO NOT SIGN ANYTHING! You will walk out of the termination meeting feeling deflated…
Read More
Employment Law
COVID-19 Vaccination Mandates in BC Workplaces
TagsArticles, Employment and HR Law for the COVID-19 Pandemic, Employment LawCOVID-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…
Read MorePaid Sick Leave Requirements in British Columbia
TagsArticles, Employment LawEffective as of January 1, 2022, BC employers are required to provide eligible employees with up to five (5) days of paid sick leave per year. BC is the first province to provide paid sick days to employees. The need for paid sick days has been highlighted by the COVID-19 pandemic, where many employees who…
Read MoreDoes your workplace require a health and safety program? Some Q & A about the Occupational Health and Safety Regulation
TagsArticles, Employment LawWorkSafeBC 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…
Read MoreAmendments to the BC Employment Standards Act aimed at protecting under-aged Employees
TagsArticles, Employment LawBritish 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…
Read MoreFailure to Mitigate Damages Results in “Discounted” Severance Entitlement
TagsEmployment LawWhen 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…
Read More
Can an Employer Terminate an Employee Who Refuses to Wear a Mask?
TagsEmployment and HR Law for the COVID-19 Pandemic, Employment LawAs 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…
Read More
Doak Shirreff: COVID-19 and Employment Law
TagsArticles, Business Law, Employment LawThe 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…
Read More
Terminating an Employee Approaching Retirement Age
TagsArticles, Employment LawIt often comes as a bit of a surprise to employees that their employment can be terminated at any time, without cause, regardless of their length of service, age or position, provided that the employer provides reasonable notice of the termination with either working notice or pay in lieu of notice. What is reasonable notice…
Read More
Understanding Constructive Dismissal
TagsArticles, Employment LawConstructive 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…
Read More