Departure
Statutory Rights Separate From Those in Employment Agreement
Employees are protected by two distinct sorts of rights. The first set is created under employment standards and other legislation (“statutory rights”). Some of the most basic employee entitlements are found in the BC Employment Standards Act (the ESA)
“Tweets Are My Own” – Except When Your Company’s Reputation Is On The Line
Employers can ask workers not to identify themselves as employees on personal social media accounts.
Employee Fiduciary Obligations
A 2013 decision of the Alberta Court of Appeal has confirmed that where an employer gives an employee the responsibility for handling the employer’s money, that employee has fiduciary obligations with respect to those funds. This means that where the employer makes reasonable attempts to calculate the amount of money that went missing, it is up to the employee to prove that the amount is less.
Averaging Agreements
Section 37 of the Employment Standards Act allows employees and employers to agree on work schedules that are irregular and that would otherwise attract overtime. As a tourism employer, you might find that averaging agreements provide a degree of flexibility and related cost savings.
Discharging An Employee For Innocent Absenteeism
A 2012 decision by the British Columbia Court of Appeal held that an employer’s right to terminate an employee for undue absenteeism will be taken away if the decision to dismiss an employee is influenced, at least in part, by an intent to prevent an entitlement to severance pay. More generally, the Court held that a decision to dismiss an employee for undue absenteeism must not be based upon considerations other than past and projected absenteeism.
What is Workplace Harassment?
Workplace harassment is very high profile in the news right now, but do you know what it involves?
Supreme Court of Canada Sets Limits on Employer’s Duty to Accommodate
There is a limit to an employer’s duty to accommodate its disabled employees, the Supreme Court effectively confirmed in Hydro Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau d’Hydro-Québec, section locale 2000 (SCFP-FTQ), 2008 SCC 43.
Paydays, Payroll Records and Deductions
The Employment Standards Act sets out your obligations with respect to paying your employees and maintaining payroll records. One common area of confusion and dispute concerns an employer’s ability to make deductions from wages. To employees, payday is an important event, and it’s something you should get right – every time.
Is Cybersacking the Way of the Future?
Some time has passed since the story of the “Cybersacked” spa employee made the front page of Kelowna’s Okanagan newspaper. The employee featured was offended to have found out she was fired by reading a message sent by her employer to her Facebook inbox.
The Human Rights Code Made Simple
Because the Human Rights Code (HRC) applies to most employers in BC workplaces, you should know your rights and responsibilities — as well as those of your employees.