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

Category Archives: Human Capital

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Temporary Foreign Miners Allowed

Federal Court dismisses union challenge

By Christopher McHardy on Posted in Human Capital, Immigration, Recruiting, Unions

Our Federal Court has dismissed a court challenge by two unions against HD Mining.  The unions claimed that the company hired more than 200 temporary Chinese workers for its coal mine in Tumbler Ridge in northeastern BC, while deliberately ignoring or passing over many qualified and willing Canadian applicants. The International Union of Operating Engineers,… → Read More

If Employees are Telecommuting …

Bucking the Yahoo! Trend

By Earl Phillips on Posted in Employee Obligations, Employment Standards, Human Capital, Occupational Health and Safety, Wage and Hours

Telecommuting may be on the way out at Yahoo! but it is very much alive elsewhere.  So if you have employees who are working from home, or if you are considering it,  you should think through the employment issues. The first question is:   Do you have a written agreement to set out the telecommuting rules?  If not, you need one…. → Read More

Month in Review

By McCarthy Tétrault LLP on Posted in Accommodation, Age, Benefits, Compensation, Pensions, Damages, Discipline, Discrimination, Employee Obligations, Employment Standards, Family Status, Human Capital, Human Rights, Immigration, Investigations, Just Cause, Labour Relations, Litigation, Murphy's Laws of HR, Privacy, Recruiting, Termination, Unions, US vs.Canadian Employment Law, Wage and Hours, Workers Compensation, Wrongful Dismissal

The bloggers of BC Employer Advisor issued our first Month in Review to summarize our most recent posts. Visit the summary here.  

Privacy Commissioner investigates Criminal Records Checks

By Donovan Plomp on Posted in Human Capital, Privacy, Recruiting

On July 25, 2012 the British Columbia Information and Privacy Commissioner released an investigation report regarding the use of employment related criminal record checks by the Government of British Columbia. The Commissioner concluded that the Government’s current policy with respect to criminal records checks contravenes the Freedom of Information and Protect of Privacy Act as, among… → Read More

Overtime Class Actions and the Special Position of BC Employers

By Christopher McHardy on Posted in Discrimination, Employment Standards, Human Capital, Immigration, Recruiting, Wage and Hours

Big news from Ontario on overtime claims – the Court of Appeal will allow claims for statutory overtime by CIBC and Bank of Nova Scotia employees to proceed as class actions.  (Update:  The Supreme Court of Canada decided on March 21, 2013 that it will not hear the banks’ appeals, so these cases may be… → Read More

Job Applicants and Social Media – Privacy Considerations

By Earl Phillips on Posted in Discrimination, Human Capital, Human Rights, Privacy, Recruiting

There has been a lot of recent talk of employers asking job applicants for social media passwords.  The idea is fraught with problems for employers and it is far from clear that the information gained makes the problems and risks worthwhile. Many of the issues are usefully canvassed in a piece in today’s Globe. BUT… → Read More

Human Capital: Recruiting and Retaining Talent

By Earl Phillips on Posted in Human Capital, Immigration, Recruiting

The world’s economic struggles continue and Canada’s economic recovery is affected. Even so, we at least are doing relatively well and one measure is renewed talk of the challenge of recruiting and retaining talent. While unemployment remains high, many skilled job openings are unfilled.  This is both a current drag on economic growth and a long-term concern that we may be… → Read More