Employment and HR Law for the COVID-19 Pandemic

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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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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A Careful Restart: Important Information for Employers Re-opening Business Operations

TagsEmployment and HR Law for the COVID-19 Pandemic

By: Nikita Gush, Associate Lawyer at Doak Shirreff Lawyers LLP Employers have a duty to protect the workplace health, safety, privacy, and human rights of their employees. As our province begins to “restart” it is important for employers to consider the responsibilities they have while they re-open and restart their business operations. As you may…

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The Canada Emergency Commercial Rent Assistance (“CECRA”) Program – An Explainer

TagsEmployment and HR Law for the COVID-19 Pandemic

Last week the federal government released further details on CECRA and how it would assist commercial tenants and landlords. Commercial rent is under the jurisdiction of the provinces and both the federal and provincial governments will contribute to this relief program; in B.C. the total amount available will be around $300 million with the provincial…

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Covid-19 And Commercial Leasing – What To Do If You Are The Tenant

TagsEmployment and HR Law for the COVID-19 Pandemic

If your business has been affected by Covid-19 you need to consider the following. Read Your Lease You should always read your lease first, or have a lawyer assist you in reading your lease. Commercial leases are similar in that they are always favourable to a landlord and they will contain key provisions to protect…

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Cancellation of Wimbledon Tennis triggers a $141 Million Pandemic Coverage Insurance Claim

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

By Scott Chambers Media outlets throughout the world are reporting on a pricy annual premium that Wimbledon added to its commercial insurance policy every year for the last 17 years. Apparently, Wimbledon paid upwards of $2,000,000 per year for pandemic insurance, something that most would have, prior to March 2020, viewed as an extremely remote…

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ALL the COVID-19 Federal and Provincial Benefits & Resources for Individuals in Canada and British Columbia

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

Federal Resources & Benefit Programs for Individuals: Employment Insurance Benefits if you’re temporarily laid off: https://www.canada.ca/en/services/benefits/ei/ei-regular-benefit/apply.html Canada Emergency Response Benefit if you’re ineligible for Employment Insurance: https://www.canada.ca/en/services/benefits/ei/cerb-application.html Employment Insurance Sickness Benefits if you’re ill: https://www.canada.ca/en/services/benefits/ei/ei-sickness/apply.html Increased Canada Child Benefit if you have children: https://www.canada.ca/en/revenue-agency/services/child-family-benefits/canada-child-benefit-overview/canada-child-benefit-apply.html Indigenous Community Support Fund: https://www.sac-isc.gc.ca/eng/1585189335380/1585189357198 Mortgage Deferral Options for Homeowners: https://cba.ca/mortgage-deferral-to-help-canadians-experiencing-financial-hardship-due-to-covid-19…

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Giving Money to Family and Friends during the Pandemic – What you Need to Know

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

The global pandemic we are currently facing has put tremendous pressure on everyone, and caused serious financial strain for many. During times like these many people are considering how they can financially help their loved ones get through the loss of a job, the temporary closure of a business, or changes to financing with respect…

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Canadian Federal CERB Benefits will expand to include Students

TagsEmployment and HR Law for the COVID-19 Pandemic

Details will soon be announced for further amendments to the new Canada Emergency Response Benefits (CERB) to fill in the gaps of individuals experiencing income loss who were still otherwise ineligible for the program. The CERB benefit was designed to provide income support of $2,000 per month for 4 months to those individuals who suffered…

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What kinds of COVID-19 benefits programs has the government implemented?

TagsEmployment and HR Law for the COVID-19 Pandemic

Both the Federal government and provincial government in British Columbia are implementing new programs in effort to develop an economic response plan to the detrimental effects COVID-19 will ultimately have on our economy. Due to the ever-evolving nature of the COVID-19 pandemic, government programming has been fluctuating and changing on an almost day-to-day basis. Therefore,…

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Parenting amidst a Pandemic

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

The current COVID-19 crisis has placed us in a position most of us have never been in before. This statement certainly applies to recently separated parents and this is raising new questions and problems regarding parenting after separation. It is not uncommon for parenting disputes to arise out of disagreements over healthcare decisions. Often parents…

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How COVID-19 has affected Employment Law

TagsEmployment and HR Law for the COVID-19 Pandemic

COVID-19 has changed our world in profound and unprecedented ways. Employment and HR Law has been effected in almost immediate and uncommon ways with unexpected lay offs, terminations, temporary business closures, Employment Insurance benefit, Emergency Benefits for employees who don't qualify for E.I. benefits, sickness benefits, etc. These issues are changing rapidly and employers need…

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COVID-19 Layoffs and Employment and Emergency Benefits Available

TagsEmployment and HR Law for the COVID-19 Pandemic

With unprecedented layoffs in almost every industry and near-constant changes to the Employment Insurance Act and emergency legislation being implemented, below is a summary of benefits that are currently available to Canadians, have recently been updated and that will become available in short order to aid income losses during this time: Regular Employment Insurance Benefits:…

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COVID-19 – The Legality of Temporary Lay Offs

TagsEmployment and HR Law for the COVID-19 Pandemic

On March 20, 2020, Toronto employment lawyer Howard Levitt wrote an article for the Financial Post entitled, “Looking to temporarily lay off staff during the coronavirus crisis? Wait, that’s illegal”. While technically a correct interpretation of the common law regarding temporary lay offs, the article is also fundamentally irresponsible and people should really be hesitant…

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I think I need to layoff some of my employees because of the negative affect COVID-19 is having on my business. How do layoffs work in non-unionized work environments?

TagsEmployment and HR Law for the COVID-19 Pandemic

"I think I need to layoff some of my employees because of the negative affect COVID-19 is having on my business. How do layoffs work in non-unionized work environments?" A “layoff” is a temporary pause in employment that does not exceed 13 weeks in a 20 consecutive week period. If a layoff is longer than…

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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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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.

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