Bullying is seldom out of the headlines these days. In one of my last articles, I discussed new cyberbullying legislation. In this article we will take a look at the new provisions of the Workers’ Compensation Act. They give workers the ability to make a claim where harassment and bullying have caused a mental disorder. …
I often speak to employees who believe that since they do not have a written employment contract then they do not have a contract at all. If you have a job then you have a contract. If it is not in writing then it is an oral contract. Oral contracts of employment are just as…
One of the most common inquiries I receive in regards to my employment law practice is questions concerning the issue of constructive dismissal. It is a principle often misunderstood by both employers and employees alike. In practical terms, constructive dismissal describes a situation where the employer has not directly fired the employee, but rather, has…
I am frequently retained to review severance packages that have been handed to someone who has just been fired. Typically the package will contain a covering letter with an offer, details about any outstanding entitlement to benefits such as life insurance or pensions, a release, a recommendation to get independent legal advice, and a deadline […]
Last year’s announcement by Premier Christy Clark of a new statutory holiday was to the delight of many employees across the province. The inaugural Family Day on February 11, 2013, brings the total to ten statutory holidays in British Columbia, sharing the honours with Saskatchewan for the most number of statutory holidays in the country. […]
For those who champion privacy rights the recent decision in R v. Cole by Canada’s highest court is being treated as no small victory. In a clear win for privacy rights advocates the Supreme Court of Canada in one of its more notable decisions of the year ruled that an employee’s privacy in the workplace, […]
The recent events surrounding General Petraeus and his female biographer-turned-mistress have once again ignited hot debate regarding workplace infidelity and the infelicitous actions that workplace relationships sometimes spawn. Even though adultery is not an offence under criminal law it can still carry legal ramifications. The United States military is one such example where infidelity is […]
Recent changes to British Columbia’s drinking and driving laws have renewed interest in the issue of employer liability as a social host. With the holiday season approaching fast, many of us are wondering about the risk associated with serving alcohol to employees. A LEGAL OVERVIEW In a nutshell, employers are imposed with a very high […]
Human rights and discrimination in Canada have come a long way. The BC Human Rights Code states that an employer cannot discriminate against an employee or prospective employee because of race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, age, or a criminal conviction that is […]
Given the massive public outcry following the recent Vancouver Stanley Cup riot, many employers are feeling pressure to deal with employees who were caught in photos or videoed at the riot. The question becomes this: if a “misbehaving” employee was seen participating in the riot – or even worse, possibly committing an illegal offence –…
