Can a Single, Isolated Comment Amount to Sexual Harassment?

In the recent decision The Employee v The University and another (No.2), 2020 BCHRT 12 the BC Human Rights Tribunal held that an isolated comment may not amount to sexual harassment where there are no objective adverse consequences and remedial steps are taken to mitigate the subjective harm felt by the complainant.  FACTS The complainant ...

Workplace Accommodation has Limits

The recent decision from the BC Human Rights Tribunal Thanh v BC Ministry of Public Safety and Solicitor General, 2020 BCHRT 15  provides an example of how an employer can establish undue hardship and limit its duty to accommodate an employee’s disability. Facts The complainant was a community coroner on medical leave for PTSD which ...

Changes to Canada Emergency Wage Subsidy (CEWS)

22. July 2020 0
On July 17 the federal government announced proposed changes to the CEWS to be effective from July 5, 2020.  The CEWS was implemented to help protect jobs by helping businesses keep employees on the pay roll.  It also encouraged employers to re-hire workers who had been previously laid off.  According to the government, since its ...

Extension of Emergency Wage Subsidy through 2020

14. July 2020 0
The Canada Emergency Wage Subsidy was one of a suite of measures the Canadian government implemented to assist and support Canadian businesses that had been impacted by the COVID-19 pandemic. The aim of the wage subsidy was to enable businesses to rehire workers previously laid off as a result of COVID19, help prevent further job ...

Top Canadian Court Confirms that the Mandatory Arbitration Clause in Uber’s Driver Contracts is Unenforceable

13. July 2020 0
Uber Technologies Inc. v. Heller, 2020 SCC 16, a recent Supreme Court of Canada decision may have significant implications for individuals working in the gig economy, as well as for employers with mandatory arbitration or forum selection clauses in their contracts for service. Facts Mr. Heller, a food delivery driver with Uber Eats had sought ...

When a Temporary Lay off is no longer Temporary

22. June 2020 0
Many employers have laid off employees in response to the pandemic. Workplaces have been closed, operations restricted and companies have suffered significant financial consequences. For many workplaces, that led to laying off employees on a temporary basis, with the intent to re employ their work force once the pandemic situation allowed it.  However, under the British ...

Diversity and Inclusion in the Workplace

17. June 2020 0
The death of George Floyd on May 25, 2020 has led to global anti-racism protests and has shone a spotlight on inequality in all aspects of society, including the workplace.  Individual protestors are not the only ones who have stood up, rather we have also seen the business community standing up and actively engaging in ...

Terminating a Distribution Agreement Akin to “Dependent Contractor” Arrangement and Requires Reasonable Notice

Facts This was a summary trial application brought by the plaintiff, Meridian Distribution Ltd. (“Meridian”) seeking judgment against the defendant for breach of contract.  Meridian was a distributor of sporting goods and other accessories. The defendant, Endeavor Design Inc. (“Endeavor”) was a company that made snowboards and snowboarding accessories. From 2003 to 2012, Meridian and ...

Extension of CERB

17. June 2020 0
Yesterday Prime Minister Justin Trudeau announced the extension of the Canada Emergency Response Benefit (CERB) for a further 8 weeks, extending entitlement to a period of 24 weeks.  Eligible applicants can now receive a maximum of $12,000 for the 24 week period, with a payment of $500 per week.  The CERB was introduced to provide ...