INTRODUCTION In today’s workplace, privacy is an evolving issue and Canadian privacy law is developing rapidly. Perhaps surprisingly, only a handful of Canadian jurisdictions, (including British Columbia, Saskatchewan, Manitoba and Newfoundland) have privacy legislation that creates a statutory tort or civil right of action for invasion of privacy. Until recently, most Canadian jurisdictions couldContinue reading “Opening the Door for Intrusion upon Seclusion: The Common Law Tort of Invasion of Privacy and what it means for Employers”
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 an employer may displace an employee’s right under the common law to reasonable notice of termination by contracting to a lesser notice or severance entitlement. However, the notice or severance period must meet the statutoryContinue reading “Limiting Common Law Notice in Employment Contracts”
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, John Michael McCormick, entered into a partnership agreement with Fasken Martineau DuMoulin LLP, an international law firm operating as an extra-provincial limited liability partnership registered pursuant to the Partnership Act of British Columbia. Under thisContinue reading “Can a Partnership be an Employer of a Partner? Fasken Martineau DuMoulin LLP v. British Columbia (HRT)”
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 Employment Standards Act (the “Act”) delineates overtime wage requirements for employees who work over 8 hours per day or 40 hours per week. It states: 40. (1) An employer must pay an employee who works overContinue reading “When a manager is not a manager: Manager liability for overtime or extra pay”
Personal liability for directors and officers under section 96 of the Employment Standards Act
The Employment Standards Act (“the Act”) delineates the minimum standards that apply in most workplaces in British Columbia. It governs the employment of all employees -casual, probationary or temporary- within provincial jurisdiction, whether employed in a full time or part time capacity. The Act will not apply where the employee is a person excluded fromContinue reading “Personal liability for directors and officers under section 96 of the Employment Standards Act”