Employment Law in British Columbia(1)

7/21/2019 Employment Law in British Columbia(1)

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Employment Law in

British ColumbiaP. Dawn Mills, PhD Law


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Common law Employment Contracts Employment Standards Act

Labour Relations Code

Human Rights Code

Workers Compensation Act

At least Five Legal Regimes


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Law made by judges

Contract law

Oral and Written

Express and Implied terms

Common Law


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Good faith and fidelity Confidential information and trade secrets

Competition with former employer

Duties may continue after employment ended

Fiduciaries owe special duties to the employer

Duties of Employee


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Contract of services employment

Contract for services contractor

How parties characterize relationship not

determinative!!

Relationship subject to review by courts and

government agencies (Canada RevenueAgency)

Employee vs. IndependentContractor


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Has the features of a contract and is governedby contract law and the common law ofcontracts

Judges will not enforce an employment contractif its clauses are set below EmploymentStandards legislation

Points to look out for:

Salary terms in relationship to expected hours

and benefits What is considered to be reasonable notice

Termination

Employment Contracts


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If no contract, reasonable notice Based on age, service, position and chances of

re-employment

Can range from 0 to 24 months or more

Includes benefit obligations (based on workingnotice)

Reasonable Notice


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Theft

Dishonesty

Conflict of interest

Wilful disobedience

Insubordination Incompetence

Absenteeism or lateness

Intoxication

Sexual harassment

Dismissal with Cause


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Unreasonable Notice

Constructive Dismissal

Wrongful Dismissal


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Unilateral change to fundamental term of

an employment contract



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Objective testConsider: Loss of status or employment

related prestige Reduction in remuneration Change in duties, reporting

relationships



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Consequences:

Allows employee to treatchange as dismissal

Resign and sue for wrongfuldismissal



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Applies to everyone in BC unless specificallyexempted

Exemptions from entire Act Professional engineers Union members

Exemptions from portions of the Act Managers High Technology Professionals Other Employees of High Technology

Companies

Employment Standards ActEmployment Standards Act

Employment Standards Act


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Sets minimum terms and conditions

deals with:

hours of work and overtime

leaves

vacation

statutory holidays severance

Employment Standards Act


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Governs relationship between employer and

unions

Deals with: How to unionize

Right to unionize

Collective bargaining obligations

Right to strike, lockout and picket How to decertify

Labour Relations Code


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Protects employees against discrimination

Number of protected grounds: age / sex / sexual orientation

race / religion

colour / ethnic origin

marital / family status disability

Conviction unrelated to employment

Human Rights Code

Employment Law in British Columbia(1)

Documents

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