All workers have the right to a healthy and safe workplace. As such, they have the right to refuse unsafe work – in other words, they may refuse work that they believe has the potential to harm themselves or others at the worksite. In B.C., the work refusal process is set out in the Occupational…

The novel coronavirus has disrupted British Columbia’s economy and the province may not fully recover from the effects of social distancing for months to come. For many business owners, working from home is either not possible with social distancing orders, or it provides limited (if any) economic benefits. Businesses are facing massive difficulties in trying…

On March 27, 2020, Prime Minister Justin Trudeau announced Canada would be creating a 75% wage subsidy for all employers who can demonstrate a reduction in revenue of 30% or more due to COVID-19.  This benefit has since been named the “Canada Emergency Wage Subsidy” or “CEWS”. On April 1, 2020, Ministers Bill Morneau, Mary…

The global pandemic has forced workplaces around the world to adapt very quickly to the current crisis. It is critical that during this unprecedented event, employers set out written expectations for their employees. Whether it is meeting the challenge of working from home, or setting guidelines for employees who continue to attend on-site as permitted…

Government Benefits The federal government has existing programs to assist workplaces. Both the federal and provincial governments have also added a few additional programs and made amendments to current programs to streamline the application process to address the current crisis. Please see here for further details or to find applications for the benefits. This article…

*** UPDATE: On March 26, 2020, the B.C. Minister of Citizens’ Services signed an order under the authority of the Freedom of Information and Protection of Privacy Act, permitting the disclosure of health information by health care bodies and public bodies in certain circumstances related to COVID-19. Health care bodies may make disclosures for the…

On March 17, 2020, the Province of British Columbia declared COVID-19 a “public health emergency”. The realities of a global pandemic could not be foreseen just a couple of months ago. Now, it is impossible to read the news or scroll through a social media feed without being overwhelmed with information about the pandemic. Among…

The “Bardal factors” are widely used in employment law to dictate the length of notice an employee ought to expect on termination: character of employment, age, availability of similar employment and length of service. These factors were well set up for the employment realities of the 20th century: stable 40-hour per week work with insurance…

Can you be fired for having a relationship with your workplace subordinate? Anyone can be fired, but there are protections in place for employees who are terminated without good reason – what is known in employment law as without “just cause”. For example, if employees are going to be fired without just cause they should…

Although not always successful, increasingly, plaintiffs in employment cases are making claims for damages over and above notice damages.  This article provides a very brief overview of a selection of successful and unsuccessful claims, and demonstrates that there are increasingly unpredictable (sometimes very large) liabilities to employers who do not successfully and fairly conclude employment…