British Columbia Employer Advisor Blog: Month in Review

Privacy Law in Canada — A new Northern Workplaces issue
By Earl Phillips on November 28th, 2012

Read our latest issue of Northern Workplaces here - a guide for employers south of the border who need to navigate Canadian employment and labour law.  This issue is on privacy law and may be a useful reminder for employers in British Columbia as well.

Target Not a Successor to Zellers
By Earl Phillips on November 27th, 2012

The BC Labour Relations Board has refused to declare Target a successor to Zellers for a location in Burnaby. The United Food and Commercial Workers Union, Local 1518 was seeking to extend its bargaining rights for the Zellers employees at Brentwood Mall. That location was one of 220 leasehold interests across the country that Target …

Wal-Mart Ordered to Pay Over 1 Million in Damages
By Earl Phillips on November 22nd, 2012

On October 10, 2012, a jury awarded a former Wal-Mart employee over $1.4 million dollars in damages.  The jury found that the employee was constructively dismissed due to an abusive work environment at the Windsor Wal-Mart store.  This is the largest such award in Canadian history and, as expected, will be appealed by Wal-Mart. Summary …

Collective Agreement Severance Not Payable — Only accrued rights survive termination of the agreement
By Earl Phillips on November 12th, 2012

Employees terminated after the expiry of their collective agreement are not entitled to severance pay.  That is the bottom line, and the end of the line, for the former employees of Mercury Graphics since November 8, 2012 when the Supreme Court of Canada refused to hear their appeal.  The Saskatchewan Court of Appeal decision stands and provides some useful guidance …

BC Human Rights Tribunal Awards Costs Against Complainant
By Donovan Plomp on November 9th, 2012

Employers are often frustrated by the fact that the BC Human Rights Tribunal rarely awards costs, even when an employee or former employee brings a frivolous complaint. In Edwards v. Schnitzer Steel Pacific, the Tribunal accepted the employer’s submissions that the complainant should pay costs for resiling from a settlement agreement. Edwards agreed to settle his complaint …

Employee Responsibility for Safety — Charge for failing to report unsafe work
By Earl Phillips on November 7th, 2012

An employee in Ontario is facing a charge under that province’s Occupational Health and Safety Act.  It is not for causing an injury.  It is not for participating in unsafe work practices.  He is being charged for failing to report an unsafe work situation that he observed. This is not a BC case, so it …