How will the courts factor COVID-19 into determining severance?

16. October 2020 0
The well-established factors that must be taken into consideration when assessing the amount of notice that a without cause terminated employee is entitled to include: age of the employee; nature of the employment; length of the employment; and availability of similar employment having regard to the experience, training and qualification of the employee. It is ...

The Pitfalls of Incentive Plans Supreme Court of Canada – Ruling in Matthews v. Ocean Nutrition Canada Inc.

13. October 2020 0
The Supreme Court of Canada provided its reasons today in Matthews, finding that a constructively dismissed employee was entitled to payment under an incentive plan, despite clear wording in the plan that excluded entitlement. Mr. Matthews was one of the original employees of Ocean Nutrition. His compensation included a significant change of control payment, although ...

The End of CERB and the Transition to EI

05. October 2020 0
Although the Canada Emergency Response Benefit (“CERB”) ended on October 3, 2020, many Canadians still find themselves in need of financial assistance due to the impact of COVID-19. As a result, changes have been implemented to make Employment Insurance (“EI”) benefits more accessible. These changes are anticipated to be in effect for one year starting ...

Nightclubs Must Close. Restaurants can Operate but with More Restrictions.

23. September 2020 0
On September 18th, Dr. Henry ordered that all nightclubs cease operating, and imposed new restrictions on restaurants and other similar businesses serving alcohol.  This raises significant considerations for the owners, including how to manage their existing employees.  One of the considerations for employers is whether they can rely on the doctrine of frustration (or the ...

Are Your Employees Covered by the Employment Standards Act?

22. September 2020 0
When preparing employment agreements or considering applicable rules for topics like overtime pay, vacation pay, or termination pay, the first question is to determine if the workplace or the employees are protected by the Employment Standards Act in BC.  This generally involves two different inquiries.  First, one must consider whether the business is federally regulated ...

BC Government Passes Amendments to the Workers Compensation Act

25. August 2020 0
The BC Government’s Bill 23 – 2020: Workers Compensation Amendment Act, 2020 received Royal Assent on August 14, 2020. Bill 23 follows changes to the Workers Compensation Act and WorkSafe Policy Manual and Materials in April of this year. Notable changes to the Workers Compensation Act under Bill 23 include: Increasing the maximum wage rate ...