The British Columbia government has created a “Pay Transparency Reporting Tool” (the “Reporting Tool”) to assist employers in meeting their reporting obligations under the Pay Transparency Act (the “Act”). This blog...more
The Manitoba Court of Appeal (the “Court”) in Pokornik v. SkipTheDishes Restaurant Services Inc., 2024 MBCA 3, recently upheld a lower court decision dismissing a large online meal delivery service’s motion to stay a class...more
2/6/2024
/ Arbitration ,
Arbitration Agreements ,
Canada ,
Class Action ,
Dismissals ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
International Labor Laws ,
Misclassification ,
Motion To Stay ,
Unconscionable Contracts ,
Wage and Hour
The B.C. government has announced its intention to table legislation that will impose minimum employment standards for app-based gig workers, including ride-hailing drivers and food delivery workers, who are typically engaged...more
The British Columbia government has released long-awaited details on pay transparency reporting. This blog supplements our initial post describing the Pay Transparency Act (the “Act”). Further, employers are reminded that the...more
11/1/2023
/ Canada ,
Disclosure Requirements ,
Employees ,
Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
International Labor Laws ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Wage and Hour
The Ruling in Scheffler v Mourits Trucking Ltd.
Employees who advance civil claims for unpaid overtime with the Alberta Courts may no longer confined to the six-month period immediately preceding the date of the claim (as...more
In British Columbia (Human Rights Tribunal) v. Gibraltar Mines Ltd., 2023 BCCA 168 (“Gibraltar”), the British Columbia Court of Appeal clarified the test for establishing prima facie family status discrimination. In British...more
An Alberta labour arbitrator found an employer was justified in firing a unionized employee for just cause for his off-duty sexual assault of a co-worker.
In Corporation of the City of Calgary v Amalgamated Transit...more
4/6/2023
/ Arbitration ,
Canada ,
Co-Workers ,
Disciplinary Proceedings ,
Employee Misconduct ,
Employment Policies ,
Hiring & Firing ,
International Labor Laws ,
Off-Duty Employees ,
Public Employees ,
Sexual Assault
On March 7, 2023, the British Columbia government introduced Bill 13, the Pay Transparency Act (the “Act”), designed to help close the province’s gender pay gap by imposing new disclosure and reporting obligations on certain...more
3/10/2023
/ Canada ,
Employer Liability Issues ,
Equal Pay ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
International Labor Laws ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Pending Legislation ,
Regulatory Agenda ,
Wage and Hour
The Alberta Court of Appeal determined that Canada Emergency Response Benefit (“CERB”) payments are not deductible from wrongful dismissal damages, following an emerging trend from other jurisdictions....more
First Canadian Appellate Court determines that Canada Emergency Response Benefits (“CERB”) payments are not deductible from wrongful dismissal damages.
In Yates v Langley Motor Sport Centre Ltd., the British Columbia...more
The Manitoba Court of King’s Bench recently rejected a motion by a large online meal delivery service to stay a class proceeding in favour of arbitration in accordance with the terms of a new agreement with its couriers. The...more
11/28/2022
/ Canada ,
Class Action ,
Class Certification ,
Couriers ,
Delivery Drivers ,
Employment Contract ,
Gig Economy ,
International Labor Laws ,
Mandatory Arbitration Clauses ,
Motion To Stay ,
Unconscionable Contracts
With the decision of the British Columbia Supreme Court in Parmar v Tribe Management Inc. 2022 BCSC 1675 (“Parmar”), Canada has its first judicial decision considering whether placing a non-union employee on unpaid leave of...more
11/10/2022
/ British Columbia Supreme Court ,
Canada ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Unpaid Leave ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
In Benke v Loblaw Companies Limited, the Alberta Court of Queen’s Bench held that the employer did not constructively dismiss one of their employees who had been placed on unpaid leave for failing to comply with a mandatory...more
7/19/2022
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Masks ,
Public Health Emergency ,
Resignation ,
Unpaid Leave ,
Workplace Safety
The Government of British Columbia has proposed amendments to the Labour Relations Code that will, among other changes, eliminate a secret ballot vote by employees in favour of automatic “card-check” certification where 55%...more
Alberta Labour Relations Board dismisses unfair labour practice complaint against vaccination policy implemented during statutory freeze period.
In Amalgamated Transit Union, Local No. 583 v Calgary (City), the Alberta...more
3/10/2022
/ Canada ,
Collective Agreements ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Infectious Diseases ,
International Labor Laws ,
Labour Relations Boards ,
Unfair Labor Practices ,
Unions ,
Vaccinations