Labour Relations Code amendments—Why are BC Fed officials smiling?   On April 30th 2019 the NDP government introduced Bill 30, the Labour Relations Code Amendment Act that fundamentally alters the law in favour of unions Bill 30 – Labour Code.  The Act largely follows the recommendations of the Labour Relations Code Review Panel (the “Review Panel”).. read more →

In Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, the Supreme Court of Canada red flagged the struggle and conflict between safety and privacy rights in a case dealing with the right of an employer to implement random testing for alcohol and drugs.  The SCC majority struck down Irving Pulp’s policy. .. read more →

23 Jan 2019
January 23, 2019

REASONABLE NOTICE ROUNDUP FOR 2018

Each year we report on how the courts have defined “reasonable notice” in the previous year.  For those employers who have binding written employment agreements that define the notice period on termination – congratulations!  Those agreements should be determinative, and therefore these decisions are not relevant.  But for the vast majority of employers who do not.. read more →

Given the shortage of skilled workers and senior management, it is not unusual to see employers trying to protect their interests by having such a skilled or senior employee sign a contract that restrict the employee from competing, or soliciting customers, after the employee leaves his employment. Such restrictive covenants are frowned upon by the.. read more →

In my December 2015 blog, I commented on the increasing number of decisions in Ontario that awarded damages based upon notice periods beyond the normal “cap” of 24 months:  http://weilerlaw.ca/will-the-rough-upper-limit-of-24-months-notice-be-increased-in-bc/. At that time, I opined that the 24-month cap will remain the law in BC.  In this article, I note that Ontario courts continue to.. read more →