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Restaurants & Food Services

BC to start indexing minimum wage to provincial Consumer Price Index

Jurisdiction: - British Columbia

The BC Government issued the following news release on March 12, 2015:

The B.C. government is indexing increases in the general minimum hourly wage and liquor server wage to B.C.'s Consumer Price Index (CPI), Minister for Jobs, Tourism and Skills Training, and Minister Responsible for Labour, Shirley Bond announced today. 

The government is committed to reasonable and predictable yearly minimum wage increases linked to B.C. CPI. Going forward, from 2016 onward, the minimum wage will be determined using a formula calculated upon the percentage the B.C. Consumer Price Index (CPI) increased in the previous calendar year. In years where there is a negative CPI change, the minimum wage would stay the same.

In addition, this indexing formula is being applied to the period since the last minimum wage increase in 2012. Effective Sept. 15, 2015, the general minimum hourly wage will increase from $10.25 to $10.45 and the liquor server wage from $9.00 to $9.20 per hour.  read more »

Class action claim filed by Denny's employees working in Canada under Temporary Foreign Worker Program

Jurisdiction: - British Columbia

A Notice of Claim under British Columbia's Class Proceeding Act has been filed against Denny's restaurants by employees working in Canada under the Temporary Foreign Workers Program. The employees are originally from the Philippines,

The claim, which covers more than 50 employees, states that Denny's breached the workers' employment contracts by reducing their hours, refusing to pay overtime and failing to pay for their round-trip airfare back to the Philippines.

The Province has a story here: "Filipino workers' class action says Denny's owes $10m" (January 12, 2011).

The Georgia Strait's story is here: "Foreign workers file class-action lawsuit against Denny's restaurants in B.C." (January 11, 2011).  read more »

Employer to pay $20,000 in punitive damages for not fully investigating allegations before dismissing for just cause

The employer in Nishina v. Azuma Foods (Canada ) Co. Ltd., 2010 BCSC 502, was ordered to pay $20,000 in punitive damages for dismissing an employee for just cause without properly investigating the allegations of misconduct.  

The case is also of interest in that the court addressed:

  • the contractual force of workplace policy handbooks; and
  • the degree to which different cultural norms - in this case, the importance of an apology in Japanese culture - will impact on the just cause analysis.

Background 

The employer was a Japanese company with operations in California and BC. It produced Japanese ready-to-eat frozen food products.

The employee was a Japanese citizen.  At the time of her dismissal, she was 43 years old, had 6 years, four months service and was employed as a quality control associate. She earned approximately $52,000 per year.     read more »