A Final Release is Not a Final Release for Unjust Dismissal Claims

18. February 2020 0
The Federal Court of Appeal recently affirmed that an employee who signs a final release is not barred from bringing an unjust dismissal complaint under the Canada Labour Code (the “Code”). The provincial employment standards legislation does not apply to employees in certain federally regulated industries. Those working in a federally regulated sector, such as ...

Coronavirus: Advice for Employers

10. February 2020 0
The World Health Organization recently declared novel coronavirus (“coronavirus”) a global health emergency. Countries across the world are taking precautions to prevent the spread of the infectious virus. In light of the current situation and potential for escalation, employers should be cognizant of their workplace duties relating to these types of health scares. Prevention Employers ...

UBER NOT GIVING UP ON ARBITRATION CLAUSE WITHOUT A FIGHT

27. January 2020 0
While Uber made its highly anticipated arrival in British Columbia last week, the leading ridesharing company is awaiting a decision from the Supreme Court of Canada on the validity of an arbitration clause in their contracts with drivers. Uber is a Netherland based company but operates worldwide treating their drivers as Independent Contractors. When an ...

HAVING AN OUT FOR A FIXED TERM CONTRACT

15. January 2020 0
Many employers arrange employment relationships under a “fixed term” contract.  Fixed term contracts run for a set period of time and specify the date on which the employment ends.  These types of contracts can be beneficial as they provide greater certainty that an employee will fulfill the full term of the engagement. They are often ...

5 WAYS TO REDUCE THE RISK OF USING VOLUNTEERS

25. November 2019 0
Many organizations (including charities, non-profits, and religious organizations) rely on a mixture of employees and volunteers to help them in their day to day functions.  The volunteers can play a very important role in an organization, but volunteers can also be a source of potential liability.  A volunteer could later claim to be an employee ...

ENSURING A DISCRETIONARY BONUS REMAINS DISCRETIONARY

24. October 2019 0
Many compensation plans include entitlement to some form of variable pay or bonus, and typically with respect to a bonus the employer will take the position that it is discretionary, that is that they get to decide who gets the bonus, when they get it and how much they get. Some bonus plans are structured ...