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

Category Archives: Murphy’s Laws of HR

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Court of Appeal Affirms Employee Has No Duty to Mitigate Contractual Severance

Dismissed employee was entitled to full contractual severance notwithstanding her failure to mitigate

Posted in Murphy's Laws of HR, Termination

Many employers attempt to define an employee’s right to compensation upon dismissal by having clear, enforceable termination provisions in their employment contracts. But what happens if the dismissed employee is offered re-employment shortly after termination and fails to accept it? Is she still entitled to the full contractual severance amount?

The Court of Appeal, in its recent decision Maxwell v. British Columbia, confirmed the answer is yes: a dismissed employee was found to be entitled to the full amount of contractual severance and did not have to mitigate her damages by accepting an offer of new employment.

In this … Continue Reading

OH&S Month Part 3: Annual Review Of Your Bullying and Harassment Policies

Posted in Investigations, Litigation, Murphy's Laws of HR, Occupational Health and Safety, Workers Compensation, Workplace Training, WorkSafeBC

The deadline for compliance with WorkSafeBC’s bullying and harassment policies was last November 1, 2013.  We’d like to remind all BC employers that certain obligations under the policies require an annual review.

As we discussed in an earlier post, the policies set out nine requirements for employers to meet:

 

  1. Develop a policy statement about workplace bullying and harassment not being acceptable or tolerated.
  2. Take steps to prevent or minimize workplace bullying and harassment.
  3. Develop and implement procedures for reporting bullying and harassment, and specifically provide for reporting an incident when the alleged harasser is the employer, a superviosr
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Murphy’s Laws of HR

Union Terminations

Posted in Discipline, Labour Relations, Murphy's Laws of HR, Termination, Unions

It’s time for another instalment in Murphy’s Laws of HR.

The first two laws were posted some time ago.  #3 is posted in sympathy for those dealing with unionized employees, and to remind those with only non-union employees to count their blessings.

Murphy’s Laws of HR #3 – The union always grieves a termination:

even when the other union members say “It’s about time”; and

especially after convincing you to terminate.

 … Continue Reading

Month in Review

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.

 … Continue Reading

Murphy’s Laws of HR

Posted in Murphy's Laws of HR

You remember Murphy, right?  He’s the one who said “Anything that can go wrong, will go wrong.”  Or at least it was something like that, and it became known as “Murphy’s Law”.

We don’t want to be too pessimistic about what HR practitioners do, but we do need to laugh from time to time (one of our partners used to say:  “I only laugh to keep my teeth from chattering”).  One way to keep our sanity is to share some common experiences, hopefully in a humourous way.

So that leads us to “Murphy’s Laws of HR” – an attempt to … Continue Reading