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British Columbia Employer Advisor Keeping Employers Posted on Developments in Labour and Employment Law

Monthly Archives: May 2012

Non-Competition / Non-Solicitation Covenants – Are They Enforceable?

By Earl Phillips on Posted in Employee Obligations, Litigation, Wrongful Dismissal

A recent case from Ontario has provided a comprehensive and very useful summary of the law on enforceabilty of restrictive covenants, like non-competition and non-solicitation clauses.  The principles apply in all the common law provinces of Canada, including British Columbia. The case is called Martin v. ConCreate USL LP and it can be found at Martin… → Read More

Vacation Pay Trap

By Christopher McHardy on Posted in Employment Standards

Under the Employment Standards Act (British Columbia), vacation pay must be paid at the minimum rate of 4% or 6% (depending on the employee’s length of service). If the employee is entitled by contract to more than the minimum standard of vacation, the vacation pay is also increased at a rate of 2% per week…. → Read More

Mental Stress, Bullying and Harassment in the Workplace

By Earl Phillips on Posted in Benefits, Compensation, Pensions, Discrimination, Occupational Health and Safety, Workers Compensation

The British Columbia government has introduced legislation to modify the WorkSafe BC approach to mental stress, and to compensate for bullying and harassment in the workplace. The proposed amendment to the Workers Compensation Act (British Columbia) is significant and will result in new types of claims for compensation under the Act.  It is hard to predict… → Read More

Commissioned Salespeople – Overtime/Statutory Holidays/Vacation

By Earl Phillips on Posted in Employment Standards, Wage and Hours

The Employment Standards Act (British Columbia) starts from the presumption that employees who get some or all of their pay in commissions are entitled to be paid at least minimum wage for all hours worked, overtime for all overtime hours, and for statutory holidays. In earlier posts, we reviewed the special rules and exemptions  and… → Read More

Deduction of Pension Benefits from Wrongful Dismissal Damages

By Donovan Plomp on Posted in Benefits, Compensation, Pensions, Damages, Termination, Wrongful Dismissal

In Waterman v. IBM Canada [2011] S.C.C.A. No. 427 (QL), the Supreme Court of Canada has granted to leave to appeal from a decision of the BC Court of Appeal deciding that pension benefits are not deductible from wrongful dismissal damages.  The Plaintiff Waterman was terminated without cause by IBM after approximately 42 years of service. … → Read More