Articles

5 Paid Sick Days per Year for B.C. Employees

Effective January 1, 2022, all employees covered by the British Columbia Employment Standards Act (Act) will be entitled to 5 paid sick days per year. The entitlement is in addition to the 3 unpaid sick days employees are currently entitled to under the Act. The paid sick leave entitlement will apply to all full time...

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Ontario Passes “Right to Disconnect” Legislation

On November 30th, 2021, the Ontario government passed the Working for Workers Act (“Act”). The Act, which was first introduced back in October, will require employers with 25 or more employees to develop a written disconnecting from work policy. In the Act, “disconnecting from work” is defined as, “not engaging in work-related communications, including emails,...

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Significant human rights tribunal awards for an employer’s failure to use their preferred pronouns

Both the BC and Ontario Human Rights Tribunals have recently issued significant general damages awards to employees where an employer failed to respect the employee’s request for the employer to use their preferred pronouns. In Nelson v Goodberry Restaurant Group LTD., the BC Human Rights Tribunal awarded a former server $30,000.00 in general damages for...

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Ontario Introduces “Right to Disconnect” Legislation

Ontario has taken the first step towards requiring employers to provide employees with the ‘right to disconnect’ from work., The Working for Workers Act, 2021 (“Act”) has been introduced (but not yet passed) and would require most employers introduce “right to disconnect” policies as well as bar non-compete clauses. In a purported effort to promote...

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Inducement, Bad Faith Conduct and Insensitive Termination Costs Employer $140,000

The B.C. Supreme Court recently awarded a terminated employee, with less than three months of service, more than $140,000 in wrongful dismissal and aggravated damages. The employer in this case made a number of errors, including having two separate employment agreements (one before commencement of employment and one after), inducing an employee to leave secure...

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Updates to minimum wage rates across Canada

Employers in Ontario, Manitoba, Newfoundland & Labrador and Saskatchewan, will be required to comply with the new increased minimum wage effective October 1, 2021. Effective October 1, 2021, the general minimum wage in Ontario increased to $14.35 per hour. Under the Making Ontario Open for Business Act this increase is tied to the Ontario Consumer...

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Coming in Hot!! Changes to the Canada Labour Code for Federally Regulated Employers

New legislation has been passed, resulting in several changes to the Canada Labour Code that directly affect federally regulated employers. For the purpose of clarity, the below changes do not impact provincially regulated employers. New Minimum Wage: Effective December 29, 2021, the new federal minimum wage is $15.00 per hour. If an employee works in a jurisdiction with...

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IDEL Now Set to End on January 1, 2022

Back in June the Ontario government extended the deemed Infectious Disease Emergency Leave (“IDEL”) to September 25th, 2021 – it has now been extended once again and will end on January 1st, 2022 (if not extended again). As a reminder, deemed IDEL applies to the following: A non-unionized employee whose employer has temporarily reduced or...

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Update on the National Day for Truth and Reconciliation

Many employers continue to experience confusion respecting the new upcoming Federal statutory holiday – the National Day for Truth and Reconciliation. The new holiday, which will be recognized on September 30th starting this year, was introduced by the Federal government in June, and originally only applied to federally regulated employers who are governed by the...

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