Recording at Work in BC

In the age of developing technology and smartphones, it has become much easier to record secretly conversations in the workplace. Audio recordings have become a common occurrence in workplace disputes. Regardless of the intention behind the recordings, it is worth noting that there could be consequences if you are caught recording a conversation with your manager, colleague or even your employer. Here is what you need to know. Is It Legal To Record a Conversation in the Workplace? If you are participating in the conversation that you are recording, the … Read more

Your Guide to Overtime in BC

In BC, the Employment Standards Act regulates the minimum standards that employees are entitled to and that employers must adhere to. According to the definition under the BC Employment Standards Act, overtime occurs when an employee works more than the standard work hours – typically eight (8) hours per day or forty (40) hours per week. In the event that an employee works overtime, the employer has a duty to pay them accordingly. Can Your Employment Contract Terminate If You Refuse to Work Overtime? While the Employment Standards Act does … Read more

Maternity Leave in BC

Under section 50 of the British Columbia Employment Standards Act, the law that protects workers in BC, all new parents are authorized to take time off work when having a baby or adopting a child. Before taking this time off, you must understand what type of leave you qualify to take, how long you’re allowed to be off from work and the benefits available to you while you’re on leave. Here’s what you need to know. Available Types of Maternity Leave in BC Under the BC Employment Standards Act, there … Read more

Leave of Absence in BC

Unfortunately, certain events in your personal life could necessitate taking an extended leave of absence from your employment. According to the British Columbia Employment Standards Act, employees are permitted to take a leave of absence for specific reasons. Here’s what you need to know about your workplace rights regarding taking a leave of absence. Leave of Absence in British Columbia A leave of absence is time off work that an employee is entitled to according to the Employment Standards Act. Generally, a leave of absence must be approved by your … Read more

Working Remotely and Employment Law in BC

For many BC workers, and workers around the world, COVID-19 brought about many changes, including how you work. Nearly everyone had to adjust to this new normal and that meant that more and more individuals were required to work from home, or work “remotely”. What’s more, is that many employees have taken this opportunity to work from locations outside of British Columbia instead of working from their own residences. So, what are the implications for employment law in BC? Simply put, having employees work remotely does not change your employer’s … Read more

Mental Health and Stress Leave in BC

In a recent study published by the Mental Health Commission of Canda, it was found that one in five working individuals struggle with mental health concerns. Moreover, at least 500,000 individuals seek sick leave due to their mental health difficulties caused by stress. With so many Canadians suffering from extreme stress in the workplace, especially with COVID-19, many question their legal rights concerning stress and mental health leave. If you’re someone who suffers from high stress levels or any other mental health problems, we’ve compiled this article with the information … Read more

Independent Contractor Laws in BC

Understanding employment laws in BC can be tricky, especially when establishing whether you are an independent contractor or whether you are an employee. It’s becoming increasingly popular for individuals to take on work on a contract basis under their own small business as an independent contractor instead of being tied down to one company and one role. Independent contractors have the freedom to choose what work they want to do, who they want to work for and the duration of their contract. But what does this mean for employment laws? … Read more

Your Rights as Federally Regulated Employees

Who Qualifies? Under section 240 of the Canada Labour Code, a person who is: not a “manager”; has been employed for longer than 12 months; not subject to a collective agreement; and the dismissal was not the result of a lack of work or a discontinuance of a function; Is eligible to file a complaint of “unjust dismissal” and request that they be reinstated. The title “manager” does not legally define whether the person is a “manager”. Rather, there is an analysis done as to the degree of independent decision … Read more

Can You Get Fired for Vaping in the Warehouse?

Can You Get Fired for Vaping in the Warehouse? Just cause is a high standard. If an employer terminates an employee for just cause, the employee loses their right to notice or payment in lieu of notice. For this reason, British Columbia legislation and the common law have established clear and onerous requirements that must be met before an employee can be let go without any notice of pay. In a recent Ontario case, 2020 ONSC 5512, an employee brought an action against his employer for firing him for cause … Read more