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Archives for September 2016

By Devry Smith Frank LLP | 4 Minutes Read September 30, 2016

Employers, be careful what you say during pre-employment discussions, it may cost you

The Supreme Court of British Columbia recently decided that misleading or inaccurate statements made by an employer during pre–employment discussions can result in liability for negligent misrepresentation. In the case before the court, an erroneous statement was made by the representative of the Defendant employer during a pre–employment phone conversation. The statement in question was in reference to the Plaintiff’s eligibility for the Defendant’s long–term disability benefits plan. As a result, damages awarded to the Plaintiff for the negligent misrepresentation totalled nearly $100,000.

Article by Devry Smith Frank LLP / Employee Relations, Employment Standards, Payroll, Union Relations / Duty of care, employee benefits, employment law, liability for negligent misrepresentation, long–term disability benefits plan, LTD benefits plan, negligent misrepresentation claim, offer of employment, pre–employment discussions, standard of care

By Occasional Contributors | 3 Minutes Read September 30, 2016

BC Privacy Office says free legal advice doesn’t trigger client ID requirements

A recent Mediation Settlement from the BC Privacy Commissioner has raised an issue of particular interest to law firms, and other organizations which must meet “Know Your Client” requirements. The item is brief, but seems to suggest that free legal advice doesn’t trigger the “Know Your Client” provisions imposed by various Law Societies for compliance with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. According to this Mediation Settlement, only paid legal advice triggers that obligation.

Article by Occasional Contributors / Business, Finance and Accounting / client ID requirements, Client Identification And Verification Requirements For Lawyers, paid legal advice, Personal Information Protection Act, Proceeds of Crime (Money Laundering) and Terrorist Financing Act, Rules of Professional Conduct, solicitor and client relationship, solicitor-client privilege, “Know Your Client” requirements, “potential client” versus “client”

By Rubin Thomlinson LLP | 3 Minutes Read September 30, 2016

New parents, new responsibilities: Help for employers with post-parental leave concerns

A recent Globe and Mail article highlights the fears that new parents face as they contemplate returning to work after a parental leave. It also highlights the issues employers must address when those employees return to work. Since our employer clients often raise questions about post–leave matters, we would like to offer some helpful tips on this issue.

Article by Rubin Thomlinson LLP / Employee Relations, Employment Standards, Human Rights, Payroll, Union Relations / accommodation obligations, benefit coverage, caregiving need, employee pay, employment law, Employment Stadards Act, family status, human rights, human rights legislation, leave policies, parental leave, reinstatement obligation, returning from a leave, returning to work, vacation pay, vacation policies

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