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Human Rights Tribunal Dismisses Complaint that Work Shift Change was Family Status Discrimination

Many parents are familiar with the challenges of finding suitable childcare, and the further difficulty of balancing their childcare needs with their work schedules. The B.C. Human Rights Tribunal (the “Tribunal”) recently addressed this challenge in Ziegler v ...

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Posted in Pensions

As a result of the COVID-19 pandemic, pension regulators across Canada have been announcing special measures to help protect the interests of pension plan members, assist pension plan administrators and ensure the ongoing financial health of pension plans, particularly given the negative impact that current financial market conditions have had on the funded status of ...

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Posted in Pensions

In response to COVID-19, the federal government and the provinces have introduced various measures to mitigate the financial impact across the country. One of these measures is the introduction of a new type of type of unpaid, job-protected leave related to COVID-19.

As of the date of this bulletin, BC, Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick, Prince ...

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You can find our previous blog post on the Canada Emergency Wage Subsidy here and the first extension details here.

On July 27, 2020, Bill C-20, “An Act respecting further COVID-19 measures” (the “Bill”) received Royal Assent. The substantial changes introduced by the Bill include an extension of the CEWS and revisions to the calculation of the subsidy that ...

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Uber Technologies Inc. v. Heller, 2020 SCC 16 (“Heller”), the Supreme Court of Canada (“SCC”) found that the arbitration clause in Uber’s standard form service agreement with its drivers was invalid.

This decision clears the way for the proposed class action lawsuit brought by David Heller on behalf of Ontario Uber drivers. If that class ...

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On July 14, 2020, the British Columbia government introduced Bill 23 – 2020: Workers Compensation Amendment Act, 2020. Bill 23 responds to recent independent reviews of the workers compensation system in British Columbia and was developed following consultation with employers, labour stakeholders, and representatives of Indigenous organizations. If passed, Bill ...

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As we have outlined in Part 1 and Part 2 of our blog series, ‘Returning the Workplace to Safe Operation’, employers have a duty to reduce the risk of COVID-19 in the workplace as much as reasonably practical. Consequently, employers may determine it is appropriate to conduct certain active screening, such as questionnaires, temperature screening, and testing ...

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Waksdale v. Swegon North America, 2020 ONCA 391, the Ontario Court of Appeal (“ONCA”) held that a “without cause” termination provision in an employment agreement was unenforceable because a separate “with cause” termination provision did not comply with the Ontario Employment Standards Act, 2000 (the “ON ESA”).

Mr. Waksdale had ...

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here.

Our previous blog ...

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A-Teck Appraisals Ltd. v Constandinou, 2020 BCSC 135 (“Constandinou”), the B.C. Supreme Court stayed a wrongful dismissal action on the basis that it was precluded by the arbitration clause in the former employee’s employment contract. The B.C. court took a different approach than the Ontario Court of Appeal in Heller v. Uber Technologies Inc. et al, 2019 ONCA 1 ...

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Tags: Arbitration Clauses, Employment, Wrongful Dismissal
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Lawson Lundell's Labour and Employment Law Blog provides updates on the most recent legal developments impacting the Canadian workplace and offers practical tips for employers. We cover a range of topics, including labour relations, employment law, collective bargaining, human rights, employment standards, employment equity, workers' compensation, business immigration, privacy, occupational health and safety and pensions and employee benefits. 

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