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Topical Articles

"Social Media: Opportunities and Limitations in the Workplace"

"Social Media: Opportunities and Limitations in the Workplace" (December 19, 2010) is the title of a recent paper by Carman J. Overholt, Q.C. and Emily Pitcher. Mr Overholt is a lawyer at Fraser Milner Casgrain in Vancouver and Ms. Pitcher is a student at law. 

Lawyers call for reform of BC Employment Standards Act "temporary layoff" provisions

Jurisdiction: - British Columbia

I briefly discussed the Besse v. Dr. A.S. Machner Inc., 2009 BCSC 1316, decision in a post I wrote in October 2009 ("BC Employment Standards Branch announces change in how Act's "temporary layoff" provisions to be applied").

Besse confirmed that the temporary layoff provisions in the BC Employment Standards Act ("ESA") do not modify the common law such that all employers have the right to temporarily layoff employees for up to 13 weeks in a 20 week period without being exposed to a constructive claim. 

Rather, the provisions in the Act simply qualify employment agreements in which the right to lay-off has already been expressly agreed to by the parties. (i.e., in such a case, the parties cannot contract for a temporary layoff period that is greater than 13 weeks in a period of 20 weeks).  read more »

"Avoiding Employment Pitfalls In Inter-Jurisdictional Hirings and Transfers"

"Avoiding Employment Pitfalls In Inter-Jurisdictional Hirings and Transfers" is the title of a paper written by Amanda J. Hunter, a lawyer at Hicks Morley Hamilton Stewart Storie LLP in Ontario.

The paper was prepared for 18th Annual Immigration Law Summit held in Toronto on November 24, 2010.

The paper's Introduction states:

Transferring an employee to or from Canada, or hiring an employee from outside of Canada can be a complicated process. In addition to resolving any immigration issues, employers need to turn their minds to contractual employment issues.

The following paper is a checklist of "things to think about" when presenting an offer of transfer or an offer of employment to an individual located outside of Canada.

"Anti-Bullying Legislation"

Robyn Durling of the BC Human Rights Coalition prepared a paper on, "Anti-Bullying Legislation", for the Human Rights Conference (Continuing Legal Education Society of British Columbia) in November 2010.

"Employees Working in Foreign Countries: Personnel Concerns and Other Issues Relating to Expatriates"

Paul Drager, a lawyer at Macleod Dixon, wrote "Employees Working in Foreign Countries: Personnel Concerns and Other Issues Relating to Expatriates" in 1999.

The paper deserves a fresh bookmark, however, because it appears to be one of the only resources available for lawyers as far as the to be alert to in relation to employees being posted to foreign countries.

The specific issues covered are:  read more »

“'I’m Being Sued For What?!' Deconstructing the Different Damages in an Employee’s Statement of Claim"

Genny Na and Naomi E. Calla, lawyers at Borden Ladner Gervais in Toronto, have prepared a paper entitled,  “I’m Being Sued For What?!” Deconstructing the Different Damages in an Employee’s Statement of Claim".

The paper was written for the firm's 13th Annual Labour & Employment Group Symposium held on November 4, 2010.

The authors have attached to the paper an extremely useful, and comprehensive, chart that lists court decisions in Canada from 1984-2010 where "excess damages" (aggravated, bad faith, punitive, etc.) have been awarded.

"Recent Developments in Employment Law: Family Status Discrimination"

Brian D. Mulroney, a lawyer at Borden Ladner Gervais, wrote a paper entitled, "Recent Developments in Employment Law: Family Status Discrimination" for the firm's 13th Annual Labour & Employment Group Symposium.

"Trade Union Responsibility Under S.13 & 14 of the Human Rights Code"

Jurisdiction: - British Columbia
Sector: - Unions

"Trade Union Responsibility Under S.13 & 14 of the Human Rights Code" is the title of a paper written by Shanti P. Reda and Stephanie T. Mayor, lawyers at Black Gropper in Vancouver.

The authors presented the paper at the 2010 CLEBC Human Rights Conference in Vancouver on November 4, 2010.

"Tax Issues for Business Immigrants"

"Tax Issues for Business Immigrants" is the title of a paper that Max Weder prepared for the Business Immigration - 2010 conference presented by the Continuing Legal Education Society of British Columbia in October 2010. Mr. Weder is a lawyer at Davis LLP in Vancouver, BC.

The paper addresses the following topics

  • Determination of Residency

    • Deemed Resident
    • Factually Resident
  • Deemed Non-Resident
  • Tax Issues on Immigration to Canada

"Are Pension Benefits Deductible From Wrongful Dismissal Damages?"

Jurisdiction: - Ontario

John D. Campbell and Stephanie L. Turnham have written an article entitled "Are Pension Benefits Deductible From Wrongful Dismissal Damages?" (October 2010). They are lawyers at WeirFoulds LLP in Toronto. The article was published in Canadian Corporate Counsel magazine.

In the article, the authors state that:

In Ontario, and generally throughout the common law provinces of Canada, the current consensus is that pension benefits received during the notice period are not to be deducted from wrongful dismissal damages".

They go on to state, however:  read more »