Legal
Changes to Unpaid Leave Periods in British Columbia
Amendments to the Employment Standards Act (ESA) in 2019 and 2020 have introduced new job protected leave periods as set out below.
Global Skills Strategy and Short-Term Work Permit Exemptions
In June 2017, Immigration, Refugees and Citizenship Canada (“IRCC”) guaranteed faster processing for certain work permit applications.
Are You in Compliance with Workplace Bullying and Harassment Policies?
Since November 1, 2013, the tourism and hospitality industry in British Columbia (BC) has put rules in place to address workplace bullying and harassment. These rules explain what constitutes bullying and harassment and offer practical steps for employers, workers, and supervisors in tourism and hospitality to prevent or address such issues. Recognizing the unique challenges… Continue reading Are You in Compliance with Workplace Bullying and Harassment Policies?
Can Employers Test For Drug & Alcohol Use In The Workplace?
Whether or not an employer can lawfully test for the use of drugs and alcohol in the workplace will depend on the nature of the workplace, the type of testing the employer wishes to utilize and the circumstances under which such testing occurs.
Dealing with Accident and Injury at the Workplace
This article describes requirements for reporting work-related injuries, diseases, accidents, and close calls to WorkSafeBC.
Addiction is Not a Blanket Excuse for Misconduct
There can be little doubt that dealing with employees suffering the disease of addiction is a challenge for human resources professionals. That challenge becomes greater when the employee raises the addiction as an excuse for engaging in misconduct.
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.
Bullying vs. Conflict in the Workplace
Bullying and conflict can appear similar, but they are two distinct behaviours and should be responded to in different ways.
Drunk Driving: Just Cause for Termination
Workplace intoxication is a serious issue that affects productivity and may threaten the health and safety of the workforce. When employees drive while intoxicated, they put not only their own safety at risk, but also the safety of all those with whom they share the road. Furthermore, when drunk driving is done on company time, such actions can expose employers to liability.
Conducting Effective Reference Checks
Conducting reference checks can be one of the most important steps in the selection process. Since past performance is often the best indicator of future performance, references allow you to talk to past supervisors in order to determine if the applicant being considered is suited for the role.