While it is trite to say that all industries have been affected by the COVID-19 pandemic, very few have been as hard hit as the travel industry. With government-imposed travel restrictions including border closures in Canada and the US since March 2020, travel to and from Canada was brought to a near standstill until recentlyContinue reading “COVID-19: Loss of the Market for the Kind of Work the Employee was Hired to do Does Not Frustration Make.*”
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 35 (“Lyft Canada Inc.”), the Labour Relations Board of British Columbia dismissed an application brought by a trade Union acting on behalf of certain Uber and Lyft drivers (the “Application”). The Union’s Application had twoContinue reading “Case Law in Review: BC Labour Board Allows Uber and Lyft to Label Drivers as Independent Contractors”
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 the amendments now in force: Unpaid leave for personal illness or injury S. 49.19 is added to the Employment Standards (the “ESA”) to provide for unpaid leave of up to 3 days in each employmentContinue reading “Changes to the Employment Standards Act related to COVID-19”
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 seeks to protect the business of an employer by prohibiting a former employee from, generally speaking, competing with the employer once the employment relationship is terminated. It is well-established that courts are unsympathetic towards non-competitionContinue reading “Wolf in Sheep’s Clothing: Creative Non-Competition Clauses”