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 →

A number of years ago, when I was trying to learn to ski, I recall one exasperated teacher continuing to say, “Mike, you have to look 20 feet ahead of you – not right at your feet”.  The same principle applies to planning your business.   The successful entrepreneurs are those who can anticipate change and.. read more →

As noted in our last blog email, the NDP was inexplicably sitting on the Labour Relations Code Review Panel’s Report dated August 31st 2018 (“Report”).  The Report was finally released on October 25th 2018.  Links to the Report and the Minister’s Press Release are located at the end of this article. The Panel made 29 recommendations for.. read more →

DON’T BOGART THAT JOINT MY FRIEND, PASS IT OVER TO ME  (WITH APOLOGIES TO COUNTRY JOE AND THE FISH) On October 17th 2018, the federal government will legalize some, but not all, possession and use of recreational marijuana.  This fundamental change to marijuana laws will have potentially significant consequences for employers and their employees.  The.. read more →

15 Oct 2018
October 15, 2018

NDP AGENDA—UPDATE

In the January 2018 edition of the Weiler Blog I reported on the directions given to Labour Minister Harry Bains with respect to introducing new laws related to employment and labour See: Labour Minister Bains Directed to Address 5 Key Areas – Is this 1992 – “Deja Vu All Over Again?” I noted the following.. read more →

Terminating a short service employee, especially a highly paid manager, is usually the result of the employer failing to exercise due diligence in the hiring process. Often, employers don’t worry about such a termination, because they believe if they terminate a short service employee, without cause or notice, the notice period and damages for dismissal.. read more →