Posts categorized Workplace Law Blog

Visit our Knowledge Centre for more searching.

Harper Grey Hosts Ask Us Anything Employer Webinar: Exit Strategies – How to Plan For and Conduct a Termination  
Harper Grey Hosts Ask Us Anything Employer Webinar: Exit Strategies – How to Plan For and Conduct a Termination  
The Consequences of Sexual Harassment in the Workplace
The Consequences of Sexual Harassment in the Workplace The Consequences of Sexual Harassment in the Workplace
Canada’s Modern Slavery Act
Canada’s Modern Slavery Act Canada’s Modern Slavery Act
Online Harms Act
Online Harms Act Online Harms Act
Company Terminates Employee During a Medical Leave Without Discrimination
Company Terminates Employee During a Medical Leave Without Discrimination Company Terminates Employee During a Medical Leave Without Discrimination
Falsification of Expenses and Just Cause
Falsification of Expenses and Just Cause Falsification of Expenses and Just Cause
Ontario Court, in Dufault case, strikes down termination without cause section for using the phrases “sole discretion” and “at any time”
Ontario Court, in Dufault case, strikes down termination without cause section for using the phrases “sole discretion” and “at any time” Ontario Court, in Dufault case, strikes down termination without cause section for using the phrases “sole discretion” and “at any time”
New Obligations under the Workers Compensation Act
New Obligations under the Workers Compensation Act New Obligations under the Workers Compensation Act
Employee failed to mitigate by moving to another town
Employee failed to mitigate by moving to another town Employee failed to mitigate by moving to another town
Termination limited to ESA minimum, plus bonus amount  
Termination limited to ESA minimum, plus bonus amount   Termination limited to ESA minimum, plus bonus amount  
Harassment recognized as a tort in Alberta
Harassment recognized as a tort in Alberta Harassment recognized as a tort in Alberta
Termination for cause due to breach of fiduciary and other implied employment duties
Termination for cause due to breach of fiduciary and other implied employment duties Termination for cause due to breach of fiduciary and other implied employment duties
BC Supreme Court tentatively approves certification of class action against employer for unpaid vacation pay
BC Supreme Court tentatively approves certification of class action against employer for unpaid vacation pay BC Supreme Court tentatively approves certification of class action against employer for unpaid vacation pay
Employer punished with $150,000 in aggravated and punitive damages for termination
Employer punished with $150,000 in aggravated and punitive damages for termination Employer punished with $150,000 in aggravated and punitive damages for termination
Minor policy breach not enough for cause termination Minor policy breach not enough for cause termination
BC Court Finds Employee Voluntarily Resigned From Employment BC Court Finds Employee Voluntarily Resigned From Employment
The History of BC’s New Statutory Holiday The History of BC’s New Statutory Holiday
Competition Act criminalizes certain agreements between employers
Competition Act criminalizes certain agreements between employers Competition Act criminalizes certain agreements between employers
Employer ordered to pay extra damages for conduct during termination
Employer ordered to pay extra damages for conduct during termination Employer ordered to pay extra damages for conduct during termination
New Statutory Holiday on September 30th for BC New Statutory Holiday on September 30th for BC
BC increases minimum wage on June 1, 2023 BC increases minimum wage on June 1, 2023
BC court upholds termination clause in employment contract    BC court upholds termination clause in employment contract   
BC moves to increase transparency regarding the gender gap in employment BC moves to increase transparency regarding the gender gap in employment
Injunction set aside against former employees due to weak evidence of their obligations
Injunction set aside against former employees due to weak evidence of their obligations Injunction set aside against former employees due to weak evidence of their obligations
<strong>Non-disclosure agreements may soon be prohibited or more difficult to enforce in Canada</strong>
<strong>Non-disclosure agreements may soon be prohibited or more difficult to enforce in Canada</strong> Non-disclosure agreements may soon be prohibited or more difficult to enforce in Canada
Years of service before hiatus did not count towards employee’s years of service
Years of service before hiatus did not count towards employee’s years of service Years of service before hiatus did not count towards employee’s years of service
Secondment was not a fixed term employment agreement
Secondment was not a fixed term employment agreement Secondment was not a fixed term employment agreement
Award of Enhanced Damages Award of Enhanced Damages
BC Court of Appeal says CERB payments are not deductible from severance award BC Court of Appeal says CERB payments are not deductible from severance award
What you need to know about Paid Sick Leaves What you need to know about Paid Sick Leaves
BC Court says mandatory vaccination policy was reasonable
BC Court says mandatory vaccination policy was reasonable BC Court says mandatory vaccination policy was reasonable
A narrow job search can be a failure to mitigate
A narrow job search can be a failure to mitigate A narrow job search can be a failure to mitigate
Two approaches for assessing damages in lieu of reinstatement for federal employees Two approaches for assessing damages in lieu of reinstatement for federal employees
Why You Need To Use the Correct Pronouns for Your Employees Why You Need To Use the Correct Pronouns for Your Employees
BC Court confirms high threshold for proving family status discrimination in employment BC Court confirms high threshold for proving family status discrimination in employment
Mandatory vaccination policy found to be reasonable Mandatory vaccination policy found to be reasonable
Unsigned employment contracts can be enforceable in some circumstances Unsigned employment contracts can be enforceable in some circumstances
Can your employees collect severance from your affiliated companies? Can your employees collect severance from your affiliated companies?
Even innocent mistakes can lead to punitive damages Even innocent mistakes can lead to punitive damages
Secret recordings of coworkers provide cause for termination Secret recordings of coworkers provide cause for termination
Manitoba’s top court says employers do not have a duty to investigate before terminating for cause Manitoba’s top court says employers do not have a duty to investigate before terminating for cause
PHO Order revised – employers no longer required to allow employees to work from home PHO Order revised – employers no longer required to allow employees to work from home
Failure to follow mandatory vaccination policy may not be just cause Failure to follow mandatory vaccination policy may not be just cause
Mask refusal = complaint dismissed by BCHRT Mask refusal = complaint dismissed by BCHRT
Job eliminated during maternity leave, not discrimination Job eliminated during maternity leave, not discrimination
An employee’s right to disconnect after hours An employee’s right to disconnect after hours
Efficacy of Vaccines leading to decision to not grant cease and desist order Efficacy of Vaccines leading to decision to not grant cease and desist order
Mandatory Vaccination policies – are they enforceable? Mandatory Vaccination policies – are they enforceable?
COVID Honesty in the Workplace COVID Honesty in the Workplace
5 days of paid sick leave required in BC in 2022 5 days of paid sick leave required in BC in 2022
Complaint overload – BC Human Rights Tribunal not accepting applications to dismiss Complaint overload – BC Human Rights Tribunal not accepting applications to dismiss
Celebrating the Holidays Safely Celebrating the Holidays Safely
Healthcare facility vaccine mandate: PHO Order takes effect October 26 Healthcare facility vaccine mandate: PHO Order takes effect October 26
COVID and the rise of reasonable notice periods COVID and the rise of reasonable notice periods
Travel Agency, no frustration of contract despite pandemic Travel Agency, no frustration of contract despite pandemic
Two complaints brought in relation to BC’s vaccination card program dismissed by BC Human Rights Tribunal Two complaints brought in relation to BC’s vaccination card program dismissed by BC Human Rights Tribunal
Remote Work Policy Remote Work Policy
Workplace Policy Manuals Workplace Policy Manuals
Proof of Vaccination Proof of Vaccination
Bad Faith Conduct by Employer can Repudiate Termination Clause Bad Faith Conduct by Employer can Repudiate Termination Clause
Communication is Key if an Employee is Absent Without Leave Communication is Key if an Employee is Absent Without Leave
Duty to Mitigate: Dismissed Employees Cannot Place Limits on Search for New Employment Duty to Mitigate: Dismissed Employees Cannot Place Limits on Search for New Employment
Understanding Job Protected Leaves Understanding Job Protected Leaves
Interim Order 8 Impacts Severance Payments on Terminations After September 27, 2020 Interim Order 8 Impacts Severance Payments on Terminations After September 27, 2020
Is Your Vacation Policy Compliant with the Employment Standards Act? Is Your Vacation Policy Compliant with the Employment Standards Act?
BC Moves to Step 3 of Restart Plan BC Moves to Step 3 of Restart Plan
Employees Cannot Collect Twice – CERB Payments Deducted from Wrongful Dismissal Awards Employees Cannot Collect Twice – CERB Payments Deducted from Wrongful Dismissal Awards
Supreme Court of Canada Comments on the Duty to be Honest in Contract Dealings Supreme Court of Canada Comments on the Duty to be Honest in Contract Dealings
BC’s Move to Step 2 in the Restart Plan – What It Means for You BC’s Move to Step 2 in the Restart Plan – What It Means for You
Can Class Action Proceedings be Commenced for Employment Claims?
Can Class Action Proceedings be Commenced for Employment Claims? Can Class Action Proceedings be Commenced for Employment Claims?
A Cautionary Tale: Onus is on the Employer to Establish Just Cause for Termination
A Cautionary Tale: Onus is on the Employer to Establish Just Cause for Termination A Cautionary Tale: Onus is on the Employer to Establish Just Cause for Termination
Updating your Offer Letters Updating your Offer Letters
The Return to Normal – BC’s Restart Plan The Return to Normal – BC’s Restart Plan
50 is Not the New 40 When Assessing Reasonable Notice of Termination 50 is Not the New 40 When Assessing Reasonable Notice of Termination
Covid-19 May be Considered a Factor in Increasing Reasonable Notice Covid-19 May be Considered a Factor in Increasing Reasonable Notice
New Program Provides for Paid Days Off for Absences Related to COVID-19 New Program Provides for Paid Days Off for Absences Related to COVID-19
Updating your Bonus Plans Updating your Bonus Plans
BC Employees Receive 3 hours Paid Time for Vaccination BC Employees Receive 3 hours Paid Time for Vaccination
A 20% Pay Cut During COVID-19 is a Constructive Dismissal According to Alberta Judge A 20% Pay Cut During COVID-19 is a Constructive Dismissal According to Alberta Judge
Wrongful Dismissal: Senior Construction Employee Awarded 16 Months of Notice Wrongful Dismissal: Senior Construction Employee Awarded 16 Months of Notice
BC Human Rights Tribunal Dismisses Complaint by Worker who Claimed Mask Could not be Worn for Religious Reasons BC Human Rights Tribunal Dismisses Complaint by Worker who Claimed Mask Could not be Worn for Religious Reasons
New Workplace Closure Powers New Workplace Closure Powers
BC Human Rights Tribunal Shuts Down Complaint of “Anti-Masker” BC Human Rights Tribunal Shuts Down Complaint of “Anti-Masker”
Updating your Progressive Discipline Policy Updating your Progressive Discipline Policy
Employers Beware – Potential Future Violation of ESA Could Render Employment Agreement Unenforceable Employers Beware – Potential Future Violation of ESA Could Render Employment Agreement Unenforceable
Principal Nature of Employment is Key for Overtime Exemption Principal Nature of Employment is Key for Overtime Exemption
Employer Liable for Bonus, Again. Employer Liable for Bonus, Again.
Reviewing your Investigation Practices Reviewing your Investigation Practices
Federal Government Extends Rate Structures for Wage Subsidy and Rent Subsidy Programs Federal Government Extends Rate Structures for Wage Subsidy and Rent Subsidy Programs
BC Human Rights Tribunal Awards Record Amount of Damages for Injury to Dignity BC Human Rights Tribunal Awards Record Amount of Damages for Injury to Dignity
Can a Few Isolated Comments on an Employee’s Appearance Amount to Discrimination?
Can a Few Isolated Comments on an Employee’s Appearance Amount to Discrimination? Can a Few Isolated Comments on an Employee’s Appearance Amount to Discrimination?
Does Voluntary Break in Service Affect Settlement Entitlement? Does Voluntary Break in Service Affect Settlement Entitlement?
Intentions Not Enough to Establish Contractor Rather than Employee Relationship Intentions Not Enough to Establish Contractor Rather than Employee Relationship
Updating Employment Contracts Updating Employment Contracts
Annual HR Review Plan Annual HR Review Plan
Post-Employment Breach of Confidentiality Results in Significant Award Post-Employment Breach of Confidentiality Results in Significant Award
Bullying and Harassment – Understanding your Obligations as an Employer Bullying and Harassment – Understanding your Obligations as an Employer
COVID-19 Vaccinations and Workplaces COVID-19 Vaccinations and Workplaces
UPDATED – Helpful Chart of Available Provincial and Federal Economic Initiatives UPDATED – Helpful Chart of Available Provincial and Federal Economic Initiatives
Courts Will Look Beyond the Employee’s Title to Determine Reasonable Notice Courts Will Look Beyond the Employee’s Title to Determine Reasonable Notice
An Unenforceable “With Cause” Termination Provision Could Sink an Entire Termination Clause An Unenforceable “With Cause” Termination Provision Could Sink an Entire Termination Clause