While it is trite to say that all industries have been affected by the COVID-19 pandemic, very few have been...… Keep Reading
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Shafik Bhalloo
On August 23, 2021, the Government of British Columbia announced that, commencing September 13, 2021, it would require proof of...… Keep Reading
Human Rights Code of BC does not protect personal preference not to wear a mask when shopping The BC...… Keep Reading
Labour & Employment
Case Law in Review: BC Labour Board Allows Uber and Lyft to Label Drivers as Independent Contractors
In the 2020 decision of Lyft Canada Inc. v United Food and Commercial Workers International Union, Local 1518, 2020 BCLRB...… Keep Reading
Labour & Employment
Precarious Work in the Modern Gig Economy: Charting a Path for Future Class-Action Litigation in Canada
Download as PDF On February 19, 2021, the Supreme Court of the United Kingdom unanimously decided that Uber drivers are...… Keep Reading
Labour & Employment
Changes to the Employment Standards Act related to COVID-19
On March 23, 2020, the Employment Standards Amendment Act (No. 2), 2020 received Royal Assent. Here are the highlights of...… Keep Reading
Labour & Employment
LAYOFF: The landscape in British Columbia
Print version available here. In British Columbia, B.C. Employment Standards Act1 (“B.C. ESA”) governs the relationship between employers and employees with...… Keep Reading
Labour & Employment
Temporary Layoff: A Comparative Review of the Law across British Columbia, Alberta, and Ontario
Print version available here Temporary Layoff Law in British Columbia, Alberta, and Ontario . I. INTRODUCTION In a fluctuating economy,...… Keep Reading
Labour & Employment, Litigation and ADR
Mitigation and Offers of Re-employment: Fredrickson v. Newtech Dental Laboratory Inc.
When an employee is wrongfully dismissed and the court determines that the employee is entitled to damages in lieu of...… Keep Reading
Labour & Employment
The Price of Termination – Dependent Contractors in the Workplace
One of the most significant mistakes a business owner can make when it comes to engaging a worker is classifying...… Keep Reading
Labour & Employment
The Potter Decision – When an Administrative Suspension Goes Too Far
The Potter Decision – When an Administrative Suspension Goes Too Far By Alisha Parmar and Shafik Bhalloo The...… Keep Reading
Labour & Employment, Litigation and ADR
Wolf in Sheep’s Clothing: Creative Non-Competition Clauses
By Alisha Parmar and Shafik Bhalloo Introduction Non-competition clauses are hardly a rarity in employment contracts. The classic non-competition clause...… Keep Reading
Labour & Employment, Litigation and ADR, Other
Opening the Door for Intrusion upon Seclusion: The Common Law Tort of Invasion of Privacy and what it means for Employers
INTRODUCTION In today’s workplace, privacy is an evolving issue and Canadian privacy law is developing rapidly. Perhaps surprisingly, only...… Keep Reading
Labour & Employment
Everything you always wanted to know about suspending a determination (but were too afraid to ask)
INTRODUCTION The steps to receiving a suspension when appealing a determination of the Director of Employment Standards (the “Director”) to...… Keep Reading
by Devin Lucas and Shafik Bhalloo In IBM Canada Limited v. Richard Waterman[1], Richard Waterman (“Waterman”) was employed by...… Keep Reading
Labour & Employment
Employment Contracts and Fresh Consideration
Employment Contracts and Fresh Consideration By Shafik Bhalloo, Sasha Ramnarine, Devin Lucas What is “consideration” in a contract? ...… Keep Reading
Labour & Employment
Limiting Common Law Notice in Employment Contracts
Limiting Common Law Notice in Employment Contracts By Shafik Bhalloo and Devin Lucas It is settled law in Canada that...… Keep Reading
Labour & Employment
Supreme Court rules that employees have a reasonable expectation of privacy in the workplace
By Shafik Bhalloo In a recent criminal decision, R. v. Cole [1], the Supreme Court of Canada provided much needed...… Keep Reading
Corporate Governance, Labour & Employment
Enforceability of Restrictive Covenants in the Employment Context
By Devin Lucas and Shafik Bhalloo In Globex Foreign Exchange Corporation v. Kelcher[1], three employees, David Kelcher, Mark MacLean, and...… Keep Reading
Labour & Employment, Litigation and ADR
Can a Partnership be an Employer of a Partner? Fasken Martineau DuMoulin LLP v. British Columbia (HRT)
*By Devin Lucas and Shafik Bhalloo In Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal)[1], the equity partner,...… Keep Reading
Labour & Employment, Other
When a manager is not a manager: Manager liability for overtime or extra pay
What does the Employment Standards Act say about overtime wage for managers? Section 40 of the British Columbia...… Keep Reading
Labour & Employment, Other
Remedy of Reinstatement: The quintessential “make whole” remedy or a fiction?
By Shafik Bhalloo* Like the mythical sasquatch, the Loch Ness monster, or the abominable snowman, most of us have...… Keep Reading
Labour & Employment
Employment Contracts: Key Issues for Employers to Consider
Importance of Employment Contracts The importance of having a written and executed employment contract is invaluable for both the employer...… Keep Reading
Labour & Employment
Fixed severance entitlement… employee duty to mitigate?
Does an employee have a duty to mitigate where there is a fixed severance entitlement set out in the contract...… Keep Reading
Labour & Employment
Employee’s right to damages (Raymond Giza v. Sechelt School Bus Service Ltd.)
Refusal to work during working notice period does not extinguish employee’s right to damages In Raymond Giza v. Sechelt School...… Keep Reading
Litigation and ADR
Service of Process by Facebook and other social media
Canadian courts adapting to new technologies Courts and law have often been criticized for being slow moving and not keeping...… Keep Reading
Labour & Employment
Off-duty conduct of an employee may constitute just cause for dismissal
Can an employer discipline or terminate an employee for cause for her off-duty conduct? This question, no doubt, was at...… Keep Reading
Labour & Employment
Common Law Tort of Invasion of Privacy
Common Law Tort of Invasion of Privacy: while British Columbia, Saskatchewan, Manitoba and Newfoundland all have general privacy legislation creating...… Keep Reading
Labour & Employment
Minimum Wage Rate in British Columbia
How much is the minimum wage in BC? Minimum wage applies to all employees regardless of how they are paid-hourly,...… Keep Reading
Labour & Employment
Privacy in the Workplace: Use of spyware surveillance
Workplace use of spyware surveillance in BC The issue of employees’ misusing company computers is commonplace. In 2000, Xerox was...… Keep Reading