Author: Amy Loo
Loss of Opportunity to Qualify and Work in Profession Results in Increased Damages
An articling student successfully appealed her award of damages from her wrongful dismissal action against a Vancouver law firm and was awarded an additional $100,000 for her lost opportunity to become a lawyer, plus $25,000 in punitive damages by the Court of Appeal in Ojanen v Acumen Law Corporation and Paul Doroshenko, 2021 BCCA 189. […] Read more
Sickness Benefits Available to BC Employees
With the ongoing COVID-19 pandemic, federal and provincial sickness benefits have been put in the spotlight. This article reviews the availability of various sickness benefits for employees in British Columbia, including eligibility and the obligations of both employees and employers in relation to each benefit. Please note that this article does not address an employer’s […] Read more
COVID and Discipline in the Workplace
As we approach the one-year anniversary of the COVID-19 pandemic, we are finally beginning to receive guidance from the courts and other decision makers with respect to disciplinary responses by employers to employees’ failure to take reasonable COVID safety precautions in the workplace. Two recent arbitral awards out of Ontario, Garda Security Screening Inc. v […] Read more
Can Employers Mandate Employees to Be Vaccinated?
The global COVID-19 pandemic has challenged the modern world with extraordinary issues, from government-enforced shutdowns, to mass layoffs, to border closures, and more. The promise of an effective vaccine is fueling optimism but it is also giving rise to new issues as employers undoubtedly ask whether they can require employees to vaccinate. The answer isn’t […] Read more
SCC Update – Payment of Incentive Bonuses During the Notice Period
On Friday, October 9, 2020 the Supreme Court of Canada released its decision on Matthews v Ocean Nutrition Canada Ltd.[1] This decision was highly anticipated for its commentary on long-term incentive plan entitlements. Case Summary The appellant, David Matthews (“Matthews”) was employed by the respondent Ocean Nutrition Canada (“ONC”). As part of his […] Read more
Refusing Unsafe Work in the COVID Era (British Columbia)
Employees have a right to refuse unsafe work, but can an employee refuse to work based on a risk of possible exposure to COVID-19? This article provides a general overview of the grounds for and process of refusing unsafe work in British Columbia, with specific considerations for work refusals made during the COVID-19 pandemic. When […] Read more
Transition from the Canada Emergency Response Benefit (CERB) to Employment Insurance (EI)
On August 20, 2020, the Government of Canada announced further details on their plan to transition from the Canada Emergency Response Benefit (CERB) to Employment Insurance (EI). To aid Canadians in this transition, CERB has been extended by an additional four weeks to a maximum of 28 weeks. Additionally, changes are being made to the […] Read more
COVID-19 Emergency Layoff Variance
The BC Employment Standards Act restricts the circumstances when an employer can lawfully proceed with temporary layoffs, and prior to the COVID-19 pandemic, only permitted eligible employers to temporarily lay-off employees for up to 13 weeks in a period of 20 consecutive weeks. In May the duration of temporary layoffs for reasons related to COVID-19 […] Read more
