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By Samantha Stepney. Are you considering firing an employee who is on vacation in order to avoid a scene at the office? We recommend that you reconsider this strategy for both legal and other reasons. Aggravated Damages All employers owe their employees a duty of good faith and fair dealing in the manner of termination. This duty is implied as a term in each and every employment contract.
There are few things more unsettling to employers than a surprise visit by a WorkSafeBC investigator, whatever the motivation for the inspection may be. While many managers may want to respond by telling the investigators to “get lost”, a more sensible approach starts with understanding everyone’s rights, obligations, and expectations during investigations of this nature.
Kent Employment Law (KEL) invites you to be a part of its ongoing Employer Forums, our resource for forward-thinking business owners and HR professionals. Created for employers striving to “do good” for their employees, their communities, and the world, our Employer Forums offer an opportunity to connect and learn from each other in a casual, relaxed setting.
By Fiona Anderson. Canadians are known for saying “I’m sorry” and they usually mean it, even if, or often when, they aren’t at fault. It’s almost a reflex reaction. But at one time, saying sorry could have been taken as an admission of liability, turning Canada’s favourite pastime into an obligation to pay damages to an injured party.
By Richard Johnson. (This article originally appeared in the July 25, 2017 issue of The Lawyer’s Daily.) Sometimes there are clear-cut instances where an employee has committed misconduct that gives an employer just cause to dismiss the employee. However, obvious instances of just cause are rare indeed.
A recent B.C. Supreme Court decision confirms that employers must be fair and transparent when assessing performance and dismissing employees — and failing to do so can result in severance liability and additional damages, lawyer Richard Johnson writes in The Lawyer’s Daily. Read the full article here. NOT LEGAL ADVICE. Information made available on the Kent Employment L ...
Photo by Crew Marketing By Geoff Mason. Earlier this month, we continued my 5-part blog series on summer employment with a post describing the special employment rules that apply to certain summer-centric industries. In today’s post (Part 4), I review the rules that apply to statutory holiday pay and vacation entitlements.
Do employers have the right to perform background checks relating to a job applicant’s criminal record, credit rating and medical health? If so, are there any limits on these rights? David Brown answers these questions and others in this week’s post on his BC Employment Law Blog. He also explains why employers should consider their reasons for requesting this information and ...
By Richard Johnson. In Canada, most non-unionized employees have one primary means of recourse (absent a human rights claim) for challenging a dismissal: litigation through our civil court system. For non-unionized employees working in a federally governed industry such as air transportation or banking or for a First Nation, however, there are two primary options: They can ...
By Samantha Stepney. It can be difficult for employers in certain industries to attract talent at a reasonable wage. Because of this, as an enticement, employers often agree to pay all, or part, of employee wages in cash “under the table” so that employees do not have to pay Canada Pension Plan (CPP) contributions, Employment Insurance (EI) premiums, or income tax on those wages.
By Geoff Mason. Last month, we continued my 5-part blog series on summer employment with a focus on things to consider when hiring young employees. In today’s post (Part 3), I highlight some of the special rules that apply to certain industries that are especially active during the summer. The summer brings a surge in work and a corresponding demand in labour for many industr ...
By Fiona Anderson. “James Comey better hope that there are no ‘tapes’ of our conversations before he starts leaking to the press!” United States president Donald Trump famously tweeted on May 12, 2017, days after firing Comey from his job as Director of the U.S. Federal Bureau of Investigation. If that was meant to silence Comey, it had the exact opposite effect with Comey ta ...
In 2016, Kent Employment Law introduced its Employer Forum series in Vancouver. An in-house resource for forward-thinking business owners and HR professionals, our Forums offer an opportunity to connect and learn from each other in a casual, relaxed setting. Earlier this month, we were delighted to introduce our Employer Forums to the Okanagan business community.
By Samantha Stepney. Some jobs require specialized training. Where an employer requires this training as a condition of employment but offers to pay the associated costs (sometimes thousands of dollars), both parties benefit: the employer is assured of hiring a qualified candidate and the employee gains new employment as well as a free skills upgrade. It’s a win-win.
We are pleased to say that we can personally attest to the truth of Mayor Basran’s recent YouTube message: Kelowna is still open for business and a great place to visit! Now that our Okanagan office is (already!) six months old, we thought it high time for the Vancouver gang to take a field trip to check out the new digs.
By Geoff Mason. Last month, we launched my 5-part blog series on summer employment with a focus on the pros and cons of using fixed term contracts for seasonal workers. In today’s post (Part 2), I turn to the topic of young employees (defined as age 14 and under) and offer some employment law reminders to employers hiring from this demographic for the season.
Introduced in 2016, Kent Employment Law’s quarterly Employer Forums are an in-house resource for forward-thinking business owners and HR professionals. Our most recent Forum, hosted as always by lawyer Trevor Thomas, took place on May 30. The topic this time was a particularly challenging one: how to end the employment relationship.
Uncovering Hidden Risk in HR June 14th, 2017 at 8:00am For many small businesses, HR risk is like an iceberg – only 10% of it is visible to the untrained eye. Unfortunately, however, ignorance of the law is not a defence, which is why it is so important that small businesses and their advisors are trained to see the liabilities associated with employment law floating just under the surface.
For those seeking compensation after enduring workplace harassment, their employment contract is often a significant indicator of how much money they could receive in a claim, says KEL lawyer Richard Johnson. In the article, Johnson says harassment can be considered a cause for cons ...