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

Category Archives: Privacy

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Annual Client Conference

Conference Materials Available Online

By Earl Phillips on Posted in Benefits, Compensation, Pensions, Employee Obligations, Employment Standards, Human Rights, Litigation, Occupational Health and Safety, Privacy, Termination

Thanks to over 230 clients who attended our annual full day client conference on Friday March 8. The materials for all the presentations and workshops are available online here. The materials cover: What we can expect from an NDP government in Victoria Privacy in workplace computers Bill 14 – The new harassment, bullying and violence in the workplace… → Read More

Hacking, Extortion and Human Resources

The Need to Protect Employee Personal Information

By Earl Phillips on Posted in Privacy

It is not often that employers and HR practitioners have to worry about extortion, but the recent story about Drake International makes this a good time to remind employers of their obligations with employee personal information. Drake was the victim of a computer hacking and extortion scheme.  Instead of kidnapping a person, hackers are now stealing… → Read More

Privacy in Workplace Computers

Employers can manage employee expectations of privacy

By Earl Phillips on Posted in Employee Obligations, Privacy

The Supreme Court of Canada has affirmed employer rights to assert control over employee computer use, but with qualifications. Some employer-friendly principles are stated in today’s decision of R. v. Cole.  They have to be untangled from the criminal law and Charter of Rights context and understood in light of the Court’s statement “I leave for… → 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.  

What’s Happening With Drug Testing in Canada?

Our Continuing Cross Border Dialogue

By Earl Phillips on Posted in Discrimination, Human Rights, Labour Relations, Privacy, Unions, US vs.Canadian Employment Law

Thanks to Jeff Polsky for answering my question about minimizing the risk of a runaway jury in US employment claims.  Those are important tips for employers in the US, and for employers in Canada whether or not we see more jury trials in employment cases. Another apparent distinction between US and Canadian employment law is drug… → Read More

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

Attendance / Absenteeism Management (Part II – Disability and Medical Information)

By Earl Phillips on Posted in Accommodation, Discrimination, Employee Obligations, Human Rights, Privacy, Termination

In a previous post found here we considered the basic requirements for an Attendance or Absenteeism Management Plan.  This post looks at two key and vexing issues in particular.        1. Disabled employees – an AMP must not: (a) put their employment in jeopardy solely on the basis of absences due to disability, (b)… → 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

Hot Off the Press – Doing Business in Canada

By McCarthy Tétrault LLP on Posted in Benefits, Compensation, Pensions, Employment Standards, Human Rights, Labour Relations, Privacy

If your organization is currently thinking about establishing or acquiring a business in Canada, the 2012 edition of Doing Business in Canada, written by McCarthy Tétrault, will prove to be a valuable resource. The guide provides a broad overview of the legal considerations that non-residents should take into account to help ensure their success as… → Read More