Legal
Statutory Holidays
Statutory holidays are not the same thing as annual employee vacation. Because tourism businesses often aren’t in a position to close their doors during statutory holidays, you must be familiar with your obligation under the Employment Standards Act to provide your employees with proper statutory holiday benefits.
Wrongful Dismissal Damages and Pension Benefits
In IBM Canada v. Waterman, the Supreme Court of Canada (“SCC”) has considered the deductibility of pension benefits from wrongful dismissal damages in a decision that may also have implications for the deductibility of other types of payments.
Damages Reduced for Failure to Accept Recall After Improper Layoff
A British Columbia production supervisor has successfully sued his former employer for wrongful dismissal after he was laid off indefinitely, but the BC Supreme Court reduced the worker’s damages by half because the worker refused the employer’s offer of recall.
What Happens When Small Business Ignores HR Issues
Today, small-business owners frequently hire employees without considering all potential pitfalls. They often make decisions quickly, choosing the path of least resistance. Later, such decisions can have catastrophic results; ensuing legal costs can result in bankruptcy. Even though the following five hypothetical cases don’t specifically involve tourism related businesses, it is important to realize they could!
Managing ‘At-Fault’ Absenteeism
At-fault (or “culpable”) absenteeism refers to when an employee is able to work scheduled shifts, but chooses not to. Most commonly, this is when a staff member calls in sick but is not actually ill. Frequently arriving late is also a type of at-fault absenteeism.
Investing in Industry Certifications Can Benefit Employers and Staff
“Since I’m just going to lose them to someone else, why should I spend any money on recognition or certification for my staff?”
Drug & Alcohol Dependency and the Employer’s Duty to Accommodate
Employees concerned with their alcohol and drug use or showing signs of dependency can significantly impact the workplace and negatively impact attendance, performance, behaviour and safety. Furthermore, given that British Columbia’s human rights legislation includes drug and alcohol dependencies within the meaning of disability under the Human Rights Code, employers have a legal obligation to accommodate these disabilities within their organization.
Are You in Compliance with Workplace Bullying and Harassment Policies?
Are You in Compliance with Workplace Bullying and Harassment Policies? Three workplace bullying and harassment policies came into effect November 1, 2013. These policies define bullying and harassment and identify what WorkSafeBC considers to be reasonable steps for employers, workers and supervisors to take to prevent or minimize workplace bullying and harassment. To help employers… Continue reading Are You in Compliance with Workplace Bullying and Harassment Policies?
“Tweets Are My Own” – Except When Your Company’s Reputation Is On The Line
Employers can ask workers not to identify themselves as employees on personal social media accounts.
Can Employers Test For Drug & Alcohol Use In The Workplace?
Whether or not an employer can lawfully test for the use of drugs and alcohol in the workplace will depend on the nature of the workplace, the type of testing the employer wishes to utilize and the circumstances under which such testing occurs.