COVID and Discipline in the Workplace
As we approach the one-year anniversary of the COVID-19 pandemic, we are finally beginning to receive guidance from the courts and other decision makers with respect to disciplinary responses by employers to employees’ failure to take reasonable COVID safety precautions…
Can Employers Mandate Employees to Be Vaccinated?
The global COVID-19 pandemic has challenged the modern world with extraordinary issues, from government-enforced shutdowns, to mass layoffs, to border closures, and more. The promise of an effective vaccine is fueling optimism but it is also giving rise to new…
PCM Lawyers is Delighted to have Jessica Thomson Join the Firm
Jessica Thomson brings significant management-side expertise to the firm. She provides strategic advice and representation for employers in unionized and non-unionized workplaces. Jessica is listed in the 2021 edition of Best Lawyers in Canada™ in the fields of Labour and…
SCC Update – Payment of Incentive Bonuses During the Notice Period
On Friday, October 9, 2020 the Supreme Court of Canada released its decision on Matthews v Ocean Nutrition Canada Ltd.[1] This decision was highly anticipated for its commentary on long-term incentive plan entitlements.Case SummaryThe appellant, David Matthews (“Matthews”) was employed…
Refusing Unsafe Work in the COVID Era (British Columbia)
Employees have a right to refuse unsafe work, but can an employee refuse to work based on a risk of possible exposure to COVID-19? This article provides a general overview of the grounds for and process of refusing unsafe work…
Transition from the Canada Emergency Response Benefit (CERB) to Employment Insurance (EI)
On August 20, 2020, the Government of Canada announced further details on their plan to transition from the Canada Emergency Response Benefit (CERB) to Employment Insurance (EI). To aid Canadians in this transition, CERB has been extended by an additional…
COVID-19 Emergency Layoff Variance
The BC Employment Standards Act restricts the circumstances when an employer can lawfully proceed with temporary layoffs, and prior to the COVID-19 pandemic, only permitted eligible employers to temporarily lay-off employees for up to 13 weeks in a period of…
July 2020 COVID-19 Update
UpdatesAs we move further into Phase 3 of British Columbia’s Restart Plan there have been some important changes in the COVID-19 labour and employment law landscape.Employment Standards ActThe government of British Columbia has extended the temporary lay-off provisions under the…
COVID-19 Safety Plans
Phase 2 of the Government of British Columbia’s plan to re-open the province’s economy and businesses commenced May 19 and ended June 23. Phase 3 commenced June 24, 2020. Businesses that decide to open or remain open must adhere to…
Extended Temporary Layoffs due to COVID-19
To provide more flexibility to employers and employees wishing to extend a temporary layoff due to COVID-19, the government of British Columbia has amended the definition of temporary layoff in the Employment Standards Act to increase the maximum length of…