Wilson v. Atomic Energy: Changing the Landscape of Employment Law in the Federal Sector

Posted on by Graham Taylor Posted in Severance Entitlements, Termination

On July 14, 2016, the Supreme Court of Canada ruled in Wilson v. Atomic Energy that the “unjust dismissal” provisions contained in Part III of the Canada Labour Code ensure that non-unionized employees of federally regulated employers are protected from termination of their employment without cause and that federally regulated employers cannot avoid this protection by providing an employee with termination notice and/or severance pay in lieu of notice.

Victory for Federally Regulated Employees

This landmark decision confirms that non-unionized employees working in federally-regulated businesses enjoy the similar protection that unionized employees have managed to collectively bargained in collective agreements with their employers.  Wilson also means that, with some exceptions, a federally regulated employer must prove “just cause” to lawfully terminate an employee.

The common law permits an employer to dismiss a non-unionized employee without cause if it provides the employee with proper notice or pay in lieu of … Continue reading

Probationary Period 
Responsibilities: Employer V.S. Employee

Posted on by David Goldberg Posted in BC Employment Standards Act, Probation

Starting a new job is both an exciting and stressful time in a person’s life. Whether you’re taking up a new position within your field, or venturing into a completely new area of work, it’s incredibly important to begin your employment relationship on a solid foundation and to understand your legal rights at the commencement of the employment relationship.

The beginning of the employment relationship is a critical time in which many employers and employees misunderstand their legal rights and obligations.  It is a common myth that an employer’s risks are limited at the beginning of the employment relationship as a result of the applicable provisions in the Employment Standards Act regarding termination of employment.  To the contrary, the common law imposes additional obligations on employers during the probationary period that could be costly for those employers who are not aware of all of the risks associated with terminating … Continue reading

Overview of Employee Rights and Duties in Canada

Posted on by Kevin Blair Posted in Workplace Policies, BC Employment Standards Act

As an employee, staying informed about your rights and duties is critical.  Whether you are working as a full-time or part-time employee, knowing your legal rights and obligations is critical.  Along with being familiar with your rights, it is equally important to abide by the duties found in legislation and common law.

The B.C. Human Rights Code outlines the fundamental human rights of the people of Canada. Along with being thorough with these codes, it is important to be familiar with specific employee codes, to ward off any discrimination in the workplace.

The B.C. Employment Standards Act sets out the minimum entitlements for all employees in B.C. who are employed by a provincially regulated employer.  The entitlements under the ESA relate to minimum wage requirements, vacation pay, special leave entitlements, overtime pay requirements, amongst many others.

Employee Rights in Canada

  • Workplace Discrimination and Harassment
  • Minimum Wage Standards
  • Special Leave Permits
… Continue reading