Legal Updates
Every so often the government or the courts change the law. These changes can change the way you do business and carry on your workplace relationships, so it’s important to stay up-to-date.
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Clauses in Asset Purchase Agreement Constitute Fixed Term Employment
With a fixed term employment contract, early termination of the employment relationship may mean an obligation to pay the employee for the remainder of the fixed term.
In Bouchard v Facility Condition Assessment Portfolio Experts Ontario Ltd., 2024 BCSC 1870, the BC Supreme Court found that clauses in an asset purchase agreement represented a fixed term for employment superseding the termination provisions in the employment contract.
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When an Offer of Employment Constitutes an Employment Agreement
The case of Sui v HungryPanda Tech Ltd., 2024 BCSC 1856 is a useful reminder to employers to be careful about presenting an offer of employment that doesn’t include the full terms of employment and the importance of fresh consideration when subsequent employment agreements are signed.
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Practical, Common-Sense Approach to Contractual Interpretation
In Egan v Harbour Air Seaplanes LLP, 2024 BCCA 222, the British Columbia Court of Appeal confirmed a practical, common-sense approach to contractual interpretation.
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New Protections for Gig Workers
On September 3, 2024, new laws came into effect in BC to protect app-based ride-hail and delivery services workers.
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Defamation and Negative References
Will an employer will face legal consequences for giving a negative reference? In Lawetz v. Wigboldus, 2024 BCSC 1867, the British Columbia Supreme Court gave us guidance in finding that a negative reference was not defamation.
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Aggravated and Punitive Damages
In Chu v China Southern Airlines Company Limited, 2023 BCSC 21 , the British Columbia Supreme Court awarded Mr. Chu $150,000 in aggravated and punitive damages, in addition to severance pay following his wrongful dismissal from China Southern Airlines Company as a result of the employer’s reprehensible treatment of Mr. Chu in connection with his dismissal.
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When Will a Signed Release be Unenforceable?
When dismissing an employee, it is standard practice within employment law to ask the employee to sign a release if they want to receive more severance than the BC Employment Standards Act requires. But like in Fyffe v University of British Columbia, 2024 BCHRT 88 after signing the release and getting paid, some employees may nevertheless seek additional compensation, asserting that the release they signed isn’t enforceable.
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The Duty of Good Faith in Contracts During an Employment Relationship
Work is one of the most fundamental aspects in a person’s life and an essential component of their sense of identity, self-worth and emotional well-being. We should expect employers and employees to treat each fairly throughout the employment relationship, including when it is ending. But that’s often not how it goes, and the court in British Columbia v Taylor, 2024 BCCA 44 reminded us what it means to act in good faith during a contractual relationship.
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Social Media Post Leads to Termination for Just Cause
Free speech is a fundamental tenant of Canadian democracy. But the case of West v Way to Go Traffic Solutions Ltd., 2024 BCCRT 483 highlights the possible consequences of combining free speech with poor judgment on social media.
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Inducement to Leave Long-Term Employment Can Increase Severance Owed
Inducing a potential employee to leave long-term employment can increase the amount of severance an employer owes should they dismiss the recently recruited employee.
But what exactly constitutes inducement? And how much more severance might be owed? Ferweda v Mercer Celgar Limited, 2024 BCSC 844 answers some of these question.
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Employer’s Response to Discrimination Complaint found Sufficient
The BC Human Rights Code (the “Code”) provides broad protection for employees to be free from discrimination at work on the basis of specific characteristics (such as disability). But what exactly is an employer expected to do when it receives a discrimination complaint from an employee? The case of Salanguit v Parq Vancouver and another, 2024 BCHRT 119 addresses just that.
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Minimum Wage Increasing to $17.40/hour
On June 1, 2024, the general minimum wage will increase from $16.75 to $17.40 per hour.
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Protection Against Religious Discrimination Only Covers Religious Requirements
The BC Human Rights Code protects individuals from discrimination at work on the basis of religion. But there are limits to this protection. The case of Glebov v Fraser International College, 2024 BCHRT 19 reminds us of what a complainant must prove in order to be successful in a human rights complaint.
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New Pay Transparency Legislation in BC
The Pay Transparency Act passed into law in British Columbia in May 2023. We highlight the key things you should know.
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Expanded Legal Protection for Families
Families struggling to balance work with childcare and eldercare obligations are getting more attention in the last few years. Recently, in British Columbia (Human Rights Tribunal) v Gibraltar Mines Ltd., 2023 BCCA 168, the BC Court of Appeal issued an important legal decision that provides greater protection to families needing accommodation at work.
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Non-Compete Agreements Enforceable in BC
Quick Pass Master Tutorial School Ltd. v Zhao, 2022 BCSC 1846 highlights that non-competition agreements are still enforceable in BC.
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Time-tracking Software Catches Time Theft
If an employee is fired because they did something wrong (such as stealing from their employer) they might not be owed severance. That was the case in Besse v Reach CPA Inc., 2023 BCCRT 27.
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CERB is Not Mitigation Income
In Yates v Langley Motor Sports Centre Ltd., the BC Court of Appeal concluded that payments an individual received under the Canada Emergency Response Benefit program (“CERB”) is not deductible from a wrongful dismissal severance award.
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Mandatory Vaccination Policies
In Parmar v Tribe Management Inc., the BC Supreme Court considered whether placing an employee on an unpaid leave for violating an employer’s mandatory Covid-19 vaccination policy constitutes a constructive dismissal.
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Human Rights: Gender Identity in the Workplace
In a recent British Columbia Human Rights Tribunal decision, Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, the Tribunal reviewed the importance of respecting gender pronouns and identity in the workplace, and how a failure to do so may constitute discrimination under the British Columbia Human Rights Code.