First Reference Talks is proud to announce that we are collaborating with McCarthy Tétrault Employer Advisor blog so that once a month we can present one of their excellent posts.
Employees in British Columbia get a day off with pay on Family Day which is celebrated the second Monday in February each year. As a result, family day for BC employees this year is Monday February 11.
British Columbia Court of Appeal concludes employee’s conduct in workplace interpersonal conflict justified just cause for termination
Workplace personality conflicts are becoming all too common in the Canadian workplace given the heightened sensitivity to workplace harassment. With growing frequency, employees are raising concerns about how they are treated by senior management. However, what happens if an employee crosses the line between a legitimate concern to undermining the very essence of the employment relationship?
Several changes to pension, employment standards, payroll and other legal requirements are coming into force January 1, 2013 or later. Below you will find brief summaries, listed by jurisdiction, of some of the important changes employers need to know about and prepare for: (The post is now updated and includes the new AODA Built environment requirements coming into force January 1, 2013).
Here are the top three articles most viewed on HRinfodesk in the week of July 30 in the areas of dismissal, health and safety and employee relations:
Despite the fact that a significant majority of Canadian organizations are legally obligated to conduct workplace violence risk assessments, it appears that uncertainty and inconsistency are commonplace when it comes to the actual conduct of the assessment. This month, we will take a closer look at workplace violence risk assessments: what they are, what they aren’t, common pitfalls in conducting them and some best practice considerations from the available literature.
The British Columbia Supreme Court just certified a class action where the plaintiffs (foreign workers) allege that the employer failed to provide them with the amount of work promised, overtime pay and reimbursements for travel expenses and recruitment fees contrary to the Employment Standards Act. Also, the employees argued the employer breached the contract and its fiduciary duty, and was unjustly enriched for having the workers work without being paid. To top it off…
In case you missed it, in February, the federal Department of Finance announced its “Transitional rules relating to the elimination of the harmonized sales tax in British Columbia.” BC is aiming to revert from the unpopular harmonized sales tax to separate provincial and federal sales taxes by April 1, 2013.
A mixture of incognizance and apathy often prevails in the private sector when it comes to understanding and applying legal privacy considerations in the installation and use of video cameras…
Here’s an interesting case from the British Columbia Court of Appeal. When an employer left a termination letter on a bus driver’s seat for him to find, The Court found there was inadequate notice of termination. The fact that the bus driver left work immediately instead of working the notice period did not negate his right to sue for damages in lieu of notice.
Generally speaking, a restrictive covenant acts to restrict the activities of a former employee after their employment has ended. They usually come in one of two forms: non-competition clauses and non-solicitation clauses. The law on restrictive covenants is that they are prima facie unenforceable as they are in restraint of trade and therefore against public policy. In order to be enforced, they must be proven by the party that seeks to enforce them to be a reasonable limit on trade.
If you’ve been following the story of Quebec’s efforts to harmonize its sales tax (the QST) with the federal Goods and Services Tax, you probably know that it took a bit longer than expected, besides the 19 previous years of semi-harmonization during which nothing really happened. The federal government and the province originally set a deadline of September 15 to reach a deal, but they subsequently extended the period, and as of Friday, the deed is done—kind of.