British Columbia Employer Advisor Blog: Month in Review

Earl Phillips wins Lexology Client Choice Award for outstanding employment and labour work!
by Christopher McHardy on February 28th, 2013

Please indulge me in congratulating some of my partners, and especially Earl Phillips, the head of our BC Labour and Employment Law Group. Last night, at a gala in London, UK, Lexology honoured the firm and three of our partners with the following 2013 Client Choice Awards ...

Death of a Guest Not a Workplace Safety Matter  – There must be some connection to worker safety.
by Christopher McHardy on February 19th, 2013

Thank goodness!  The ruling that an accidental drowning death of a guest at a resort had to be reported by the resort owner under occupational health and safety law in Ontario as if it was a death or critical injury occurring at a workplace has been overturned.  The Ontario Court of Appeal is to be …

Restrictive Covenants Unenforceable – Lessons in Drafting from Ontario Court of Appeal
by Earl Phillips on February 15th, 2013

The Ontario Court of Appeal has made some interesting findings that should be considered when looking at your non-competition and non-solicitation covenants. The case is Martin v. ConCreate.  We commented on the original decision (here) and noted that it had a useful and comprehensive review of the law on restricting post-employment activities.  The Court of …

Childcare and Family Status Discrimination – Struggling to find the right test
by Earl Phillips on February 6th, 2013

The Federal Court has weighed in on the side of broader application of family status discrimination.  Employers can expect more requests for accommodation of the choices their employees make about how they will meet their childcare responsibilities. We have discussed this issue and reviewed the competing theories in an earlier post.  This most recent case (Johnstone) …