Employment Law – BC Jobs Blog https://www.bcjobs.ca/blog BCjobs Blog Tue, 08 Apr 2025 13:57:37 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.9 BC Statutory Holidays https://www.bcjobs.ca/blog/bc-statutory-holidays/ Fri, 28 Mar 2025 17:00:01 +0000 https://www.bcjobs.ca/career-advice/?p=689 The eleven statutory holidays in British Columbia are New Year’s Day Family Day Good Friday Victoria Day Canada Day BC Day Labour Day National Day for Truth and Reconciliation Thanksgiving Day Remembrance Day Christmas Day Easter Sunday, Easter Monday, and Boxing Day are not mandatory statutory holidays. Eligibility for Statutory Holiday Pay To qualify for […]

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The eleven statutory holidays in British Columbia are

  • New Year’s Day
  • Family Day
  • Good Friday
  • Victoria Day
  • Canada Day
  • BC Day
  • Labour Day
  • National Day for Truth and Reconciliation
  • Thanksgiving Day
  • Remembrance Day
  • Christmas Day

Easter Sunday, Easter Monday, and Boxing Day are not mandatory statutory holidays.

Eligibility for Statutory Holiday Pay

To qualify for statutory holiday pay, employees must:

  • Have worked for at least 30 calendar days before the holiday.

  • Have worked at least 15 of the 30 days leading up to the holiday.

However, employees working under an averaging agreement do not need to meet the 15-day minimum in the 30 days prior to the statutory holiday.

What Employees Get Paid

Employees who are given the day off on a statutory holiday are entitled to average day’s pay.

Employees who work on a statutory holiday must be paid:

  • Time-and-a-half for the first 12 hours worked.

  • Double-time for any hours worked beyond 12 hours.

  • Plus, they will receive average day’s pay.

How Average Day’s Pay is Calculated

An average day’s pay is calculated by dividing the total regular earnings (wages, plus any vacation pay received for taken vacations) by the number of days worked in the previous 30 calendar days.

Note: Overtime pay is not included in regular earnings.

Days Worked

Days worked” refers to any day in which wages were earned, as well as any annual vacation days taken within the 30-day period before the statutory holiday.

Employers and a majority of employees can agree to substitute another day for a statutory holiday. The substitute day must be treated the same as a statutory holiday.

Factsheet: Statutory holidays

Reprinted from https://canada-holidays.ca/

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Innovative Recruitment Tactics for Finding Top Talent in 2024 https://www.bcjobs.ca/blog/innovative-recruitment-tactics-for-finding-top-talent-in-2024/ Wed, 14 Aug 2024 23:39:07 +0000 https://www.bcjobs.ca/blog/?p=9824 Finding the best candidates in a competitive market requires out-of-the-box thinking. These creative sourcing strategies can help companies enhance their talent pool and optimize hiring processes. Whether you’re looking to attract tech wizards or traditional role rockstar, staying ahead of the curve is crucial. Let’s explore some inventive approaches to recruitment that will set you […]

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Finding the best candidates in a competitive market requires out-of-the-box thinking. These creative sourcing strategies can help companies enhance their talent pool and optimize hiring processes. Whether you’re looking to attract tech wizards or traditional role rockstar, staying ahead of the curve is crucial. Let’s explore some inventive approaches to recruitment that will set you apart in 2024.

Leveraging Consumer Marketing Tactics

Recruitment is taking cues from consumer marketing. Instead of relying solely on job boards and career fairs, companies are now targeting potential candidates where they spend their time—online. By using consumer channels, employers can place brand messages strategically to reach specific demographics.

For example, targeted ads on social media platforms can highlight what makes your company a great place to work. Companies like Google and Apple have mastered this by creating compelling employer brand campaigns that speak directly to their ideal candidates. These ads showcase company culture, benefits, and growth opportunities, making them more appealing to potential hires.

In addition to social media, think about utilising platforms like Spotify and YouTube for recruitment advertising. Imagine a catchy recruitment ad playing between songs or before a trending video—right in the middle of your target audience’s daily routine.

Use analytics tools to track the effectiveness of your recruitment ads. Adjust your strategies based on what works best for your target demographics.

Utilising Social Media and Digital Platforms

Social media is more than just a place to post job openings. It’s a powerful tool for engaging with potential candidates. Platforms like LinkedIn, Instagram, and even TikTok offer unique ways to showcase your company culture and engage with job seekers.

To attract talent, create engaging content that highlights your company’s strengths. Share employee testimonials, behind-the-scenes looks at your workplace, and updates about company achievements. Use hashtags strategically to increase visibility and reach a broader audience. For instance, a company might use #LifeAt[CompanyName] to give candidates a glimpse into the daily life at their organization.

Incorporating video content can be particularly effective. Short clips showcasing your office environment, team events, or a day-in-the-life of various roles can make your company more relatable and attractive to potential candidates.

Host live Q&A sessions on platforms like Instagram or LinkedIn where potential candidates can ask questions about your company and the roles you’re hiring for. This creates an interactive and engaging recruitment experience.

Employee Referral Programs

Employee referrals are one of the most effective ways to find top talent. Employees are likely to refer candidates who are a good fit for the company culture and job requirements. To boost your referral program, offer attractive incentives such as bonuses, extra vacation days, or other perks.

Make the referral process easy and transparent. Regularly communicate the success of the program to keep employees motivated. Highlight success stories where referred candidates have thrived within the company. This not only encourages more referrals but also reinforces a positive company culture.

Consider gamifying the referral process. Create friendly competitions among employees with leaderboards and rewards for the most successful referrals. This can add a fun element to the program and increase participation.

Periodically review and update your referral program to ensure it remains attractive and effective. Keep the incentives fresh and aligned with what your employees value most.

Offering Flexible Work Options

The shift towards remote and hybrid work models is here to stay. Offering flexible work options can be a significant draw for potential employees. Many candidates now prioritize work-life balance and the ability to work remotely.

Promote your flexible work policies in job descriptions and recruitment materials. Highlight stories of employees who have successfully adapted to remote work and the benefits it offers. Flexible work options can set you apart from competitors who are less accommodating.

Flexible work isn’t just about remote work. Consider flexible hours, compressed workweeks, or the option for part-time roles. Providing a range of flexible work arrangements can attract a broader pool of candidates.

Use tools and technologies that facilitate remote work, such as project management software and video conferencing tools. This shows potential candidates that your company is equipped to support flexible work arrangements.

Engaging with Passive Candidates

Passive candidates—those who are not actively looking for a job but might be open to new opportunities—represent a goldmine of talent. Engaging with these candidates requires a strategic approach.

Use LinkedIn and other professional networks to identify passive candidates. Reach out with personalized messages that highlight what makes your company unique and how the candidate’s skills would be a perfect fit. Attend industry events and networking functions to build relationships with potential candidates.

Building a talent pipeline can help you stay connected with passive candidates. Regularly update them on company news, job openings, and industry trends. This keeps your company top of mind when they are ready to make a move.

Create a newsletter specifically for potential candidates. Share insights about your industry, company updates, and tips for career development. This keeps passive candidates engaged and interested in your company.

Emphasizing Company Culture and Values

Candidates want to work for companies that align with their values. Emphasizing your company culture and values in recruitment materials can attract like-minded individuals.

Use authentic storytelling to showcase your company culture. Share stories about your company’s mission, values, and community involvement. Highlight employee experiences and achievements to give potential candidates a sense of what it’s like to work at your company. Authenticity resonates more with candidates than generic corporate speak.

Company culture isn’t just about perks and benefits. It’s about creating an environment where employees feel valued and supported. Showcase initiatives that promote diversity and inclusion, employee wellness, and professional development.

Encourage current employees to share their experiences on social media and review sites like Glassdoor. Authentic employee testimonials can be very persuasive for potential candidates.

Conclusion

The recruitment landscape is evolving rapidly, and staying competitive requires a mix of creativity and strategy. By leveraging consumer marketing tactics, utilizing social media, enhancing employee referral programs, offering flexible work options, engaging with passive candidates, and emphasizing company culture, you can attract and retain top talent in 2024.

Ready to implement these creative recruitment strategies? Dive into these tactics and watch your talent pool grow. For more insights and job opportunities, visit BCJobs.ca. Happy recruiting!


About the Author

BCJobs.ca is designed with the future of work in mind. Our platform connects job seekers with opportunities that fit their skills and preferences, whether that be remote work, gig jobs, or positions requiring advanced tech skills. Our goal is to ensure you are equipped to navigate the future of work confidently.

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The Journey of Healing After Leaving a Toxic Workplace https://www.bcjobs.ca/blog/the-journey-of-healing-after-leaving-a-toxic-workplace/ https://www.bcjobs.ca/blog/the-journey-of-healing-after-leaving-a-toxic-workplace/#comments Mon, 23 May 2022 11:11:00 +0000 https://www.bcjobs.ca/blog/?p=8372 Leaving a toxic workplace is like letting go of an emotionally abusive ex. You’re sort of battered, and your confidence is at an all-time low. Sometimes, you think you weren’t doing your job correctly, not that they were being unfair. Trying to look for a new job with this mindset can be taxing. There’s also […]

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Leaving a toxic workplace is like letting go of an emotionally abusive ex. You’re sort of battered, and your confidence is at an all-time low. Sometimes, you think you weren’t doing your job correctly, not that they were being unfair. Trying to look for a new job with this mindset can be taxing. There’s also the fear of ending up somewhere like your previous job. 

So, let’s discuss how you can begin your healing journey after leaving a toxic workplace. 

How to Recover from a Toxic Workplace

1. Remember why

There must have been a specific kind of aggression that made you leave your workplace– it could be being micromanaged, continuously being forced to work overtime without sufficient compensation, or racial aggression, for that matter. 

Remember the reason you decided to leave your workplace. When you’re searching for a job on BCjobs, this knowledge will save you from falling into the same trap again. 

When you get a new job, you will be going in with a clearer mind. You know what you expect from your employers and colleagues this time, and you’re unlikely to bear the same behavior. 

Even during interviews, take the time to ask them questions in return. Verify that the office culture and policy aren’t like your previous job. 

2. Write down your good qualities

If your previous job left you feeling inadequate, you might hesitate to take jobs you’re more than qualified for. Take some time to discover your worth. 

Not down your accomplishments professionally and personally– from the first job or project you ever undertook. Think about what made you so good at your previous jobs, the moments you can think of as absolute triumphs. List down why you’re good at your last job, even if they didn’t realize your worth. 

This exercise will also help you update your resume in a new light. You’re halfway prepared for the interview questions now. You’ll also have more success in screening jobs. There would be more focus on jobs that require strength from your side. 

3. Take some time off

If you can afford to, you shouldn’t go into a new position immediately after leaving the new one. Take the time to relax and do activities that make you happy. A refreshed, positive mind will go a long way in your job search. 

4. Curate your network

Who in your previous job made you feel safe? And who was the one you couldn’t wait to be away from, even if they were in a managerial position

Let go of the toxic people. You don’t have to keep in touch with them. Doing so would only mess with your mind. 

At the same time, make a list of people who you admire in the industry. If they can write you a recommendation letter, even better. Keep in touch with them through social media or personal emails. 

Add to your network beyond the previous job. Connect with mentors and supportive people. If you ever start feeling trapped in your new job, you will have them to back you up. Knowing you have them will also let you feel more confident in your new workplace. 

5. Focus on having a positive attitude

It’s essential to make yourself remember good things happen. Whatever happened in your previous job won’t follow you. Try and practice remembering the good things about yourself. Focus on new opportunities and less on the past. 

Also, take the time to set boundaries. Evaluate how you act around the office too. If you didn’t like people gossiping about you in the previous job, you shouldn’t do it to others either.

This attitude also goes a long way in landing you a new job. The interviewers can feel your positive energy. 

Final Thoughts

You’re an experienced person now. You know how you want to be treated, and you want others to have the same opportunities. Use your learning to look out for others in the office who might be in the same position. Of course, we should look for a job first with BCJobs.


About the Author

BCjobs.ca is Western Canada’s largest job board, with the majority of the jobs coming from Vancouver. For nearly 20 years, BC Jobs has connected job candidates with companies looking to add talent to their teams. Here at BCJobs, we understand that looking for a job is difficult. To support our candidates, we recently launched a podcast to help you stand out during your job application. Listen to weekly episodes on our podcast to hear what recruiters are thinking and what companies look for when considering their next hire.

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When Is A Quit Not A Quit? https://www.bcjobs.ca/blog/when-is-a-quit-not-a-quit/ Mon, 09 Mar 2015 07:00:00 +0000 https://www.bcjobs.ca/hr-advice/when-is-a-quit-not-a-quit/ I suspect that most employers struggle, occasionally, with the question of whether an employee has resigned from employment. I know that I am often called on to provide advice on this subject.

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a quit or not a quit
I suspect that most employers struggle occasionally with the question of whether an employee has resigned from employment. I know that I am often called on to provide advice on this subject.

The problem is that not all employees quit in a reliable fashion. Ideally, the employee will provide a letter of resignation and then, on the designated day, will cease to provide employment services. In that instance, there should be no difficulty concluding a voluntary resignation has occurred.

Many times, however, a so-called resignation is the result of a momentary, emotional blowup. The employee, in a rush of anger, declares, “That’s it, I’m out of here!” (or something similar) and storms out of the workplace. The employer, eager to take advantage of the situation, jumps on the opportunity to accept the resignation. Then the employee returns (after having cooled off) and declares he never had any actual intention of quitting.

This is when lawyers and judges are called upon to assist in determining the impact of what happened. This situation occurs frequently enough that a legal doctrine has developed to address the dilemma.

The B.C. Supreme Court recently dealt with this in the circumstance of an employee who left work after issues arose with her executive director. The employee removed all of her personal effects from the workplace and sent a letter to their Board of Directors alleging various shortcomings on the part of her boss.

At a meeting with the Board of Directors, the employee angrily confirmed her intention to depart and that she had no desire to be associated with the employer any longer. But, when an opportunity was later provided to the employee to confirm her resignation in writing, she refused to do so.

Instead, the employee claimed she had no intention of resigning, would be using up accrued sick time, and provided no indication of when she would return to her duties. The employer then communicated to her that it was accepting her resignation.

The employee took the predictable action, suing the employer for wrongful dismissal. The Court had to determine whether, in fact, the employee had voluntarily resigned from her employment.

The Court stated that the test is whether, in all the circumstances, a reasonable person would conclude by the employee’s statements that she had resigned. The evidence was that the Board of Directors had heard the employee unequivocally state her resignation. This, however, had come at a moment when the employee was extremely angry and upset so the Court went on to consider the surrounding circumstances.

The Court found that, despite her later attempt to cast her actions in another light, she had clearly indicated an intention to resign. She had refused to provide medical reasons for her continued absence, had requested the payout of accumulated overtime hours, and had requested a letter of reference. In addition, she had removed all her personal effects from the office.

So, while the employee repeatedly stated she had no intention to resign, her actions betrayed that position. In all, a reasonable person would have concluded that the employee had resigned. As such, her action for wrongful dismissal was dismissed.

Employers would do well to look at the issue using a two-stage analysis. First, has the employee used words which, when viewed objectively, indicate an intention to resign? The words don’t have to be as clear as “I quit” but should have a similar effect.

Second, have the employee’s subsequent actions indicated a subjective intention on her part to resign? If so, then initial words will have been confirmed and the two-stage analysis should be complete.

Watch out, however, for the employee who quickly recants, indicating an intention to remain in employment. That is often the case after the emotional blowup. In those circumstances, judges can be expected to conclude the incident was little more than a momentary, emotional lapse and will give the benefit of the doubt to the employee.

These items are intended for general informational purposes only and should not be construed or relied upon as legal advice. The legal issues addressed in these items are subject to changes in the applicable law. You should always seek competent legal advice concerning any specific issues affecting you or your business.

Also read:

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The Power of the Probationary Period https://www.bcjobs.ca/blog/power-of-the-probationary-period/ Thu, 05 Mar 2015 07:30:00 +0000 https://www.bcjobs.ca/hr-advice/use-the-proper-method-for-offering-employment/ Perhaps the best weapon in an employer’s arsenal to screen applicants is the probation period. In my experience, it is also one of the least used and least understood.

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power of the probationary period
Perhaps the best weapon in an employer’s arsenal to screen applicants is the probation period. In my experience, it is also one of the least used and least understood.

The probation period can be viewed, if used correctly, as one long audition for a job. In revealing an individual’s true skills and attitude, it far surpasses any interviewing technique, new or old. There is no substitute for viewing an individual on the job in real work situations.

Legally, the impact of the probation period amounts to one thing only – a reduced standard of just cause for summary dismissal. It allows the employer, temporarily, to take advantage of a much more forgiving just cause threshold when deciding to summarily dismiss an employee. However, employers should be mindful that the legal onus is still on it to justify the summary dismissal of a probationary employee (just as it is in the case of a regular employee).

The common law provides employers with the ability to hire an employee on probation. This is only true, however, if certain steps are taken by the employer to properly establish the probation period. The probation period does not, contrary to what seems to be a widely held belief, arise unless it is properly brought into effect by the party who will later seek to obtain the benefit of its use.

It is especially important for employers to properly document and implement probation terms because of the way courts treat dismissed short-term employees. Court awards indicate that employees with a short period of service (up to about 2 years) tend to receive disproportionately high damages for wrongful dismissal. Awards in the range of 6-12 months of pay are no longer uncommon.

Employers often lean on the provisions of the B.C. Employment Standards Act when imposing initial probation periods. The Act impliedly supports such a concept, stating that no notice or severance pay is required for an employee who has worked less than three months.

But the Act is not the only legal authority when it comes to the obligation to provide working notice or severance pay. The common law of employment implies a term that, unless just cause exists, reasonable working notice of termination (or pay in lieu) must be provided. There is no implied exception to this rule for so-called probationary employees.

There is even less of a legal basis for presuming that a probationary period automatically arises later in the employment relationship (such as after a promotion or a transfer). In those circumstances, neither the common law nor the Act provide support for the existence of a probation period. And, an employer’s unilateral imposition of a probation period can even amount to a constructive dismissal.

Employers should also be aware that a probation “policy” will not necessarily bind the employee. If the policy is not made a binding element of the employment contract, it will be of little value. As a result, the employer and employee should agree, in writing, prior to the commencement of the employment, on the terms of a binding probationary period.

If the parties do agree on a probationary period, they should define what the standard of review will be (the most common standard is suitability). They should then go a step further and set out the various criteria on which the employee will be measured during the probation period.

Common law decisions indicate that employers must apply objective criteria in performing a good faith assessment of the probationary employee. And, the employer’s conclusions must, always, be reasonable in the circumstances.

The probation terms should clearly identify the length of the period and should provide the employer with an additional period of time, after the expiry of the probation, to review the employee’s performance and make a decision. This protects the employer against a finding that the employee has reverted to regular status and can no longer be dismissed using the lower standard.

Documentation should be kept, during the probation period, of the employee’s progress in relation to the agreed-upon criteria. The employer should be pro-active in counseling the employer on her shortcomings. Specific instructions should be provided on achieving the desired standard and the employer should provide its assistance. These are important elements in demonstrating the employee has been given a reasonable opportunity to meet the employer’s standards of conduct and performance.

An employer following all these steps will find itself in an excellent position to defend against wrongful dismissal claims by dismissed probationary employee. Those who choose to ignore these requirements will find themselves in court wondering why they didn’t do the job properly to begin with.

These items are intended for general informational purposes only and should not be construed or relied upon as legal advice. The legal issues addressed in these items are subject to changes in the applicable law. You should always seek competent legal advice concerning any specific issues affecting you or your business.

Read also:

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Onerous Terms Not Necessarily Unconscionable https://www.bcjobs.ca/blog/onerous-terms-not-necessarily-unconscionable/ Mon, 02 Mar 2015 08:00:00 +0000 https://www.bcjobs.ca/hr-advice/onerous-terms-not-necessarily-unconscionable/ Wrongful dismissal cases often lead to debate over the legality of a severance formula set out in an employment contract. In most cases, the former employee argues the severance formula should be disregarded while the employer argues for keeping it.

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onerous terms
Wrongful dismissal cases often lead to debate over the legality of a severance formula set out in an employment contract. In most cases, the former employee argues the severance formula should be disregarded while the employer argues for keeping it.

In some instances, the law reveals that the severance formula can’t be enforced. For example, this happens when the formula provides for notice (or pay in lieu) at a level that does not meet the statutory minimums in the applicable employment standards legislation. It also happens when significant changes to the employment relationship have occurred since the contract was signed.

A third instance which can make an employment contract unenforceable is when the agreement itself can be said to be unconscionable. This happens when there has been an inequality of bargaining power. In other words, the stronger party has used its bargaining power to achieve an advantage over the other, so the resulting agreement which is substantially unfair to the weaker party.

But just because the terms of a contract may be onerous to one party or the other is not a basis for concluding the agreement is unconscionable. In fact, a recent B.C. Supreme Court decision tackled such a scenario.

John Finlan was hired by Ritchie Bros. Auctioneers as its Chief Information Officer in 1999. When they hired him, Ritchie Bros. provided Mr. Finlan with an employment contract containing a clause calling for notice of termination equivalent to that set out in BC’s Employment Standards Act.

Mr. Finlan was surprised by the requirement to sign a contract, but was given time to review the contract at home before signing it. Ultimately, he provided the signed contract to Ritchie Bros. before starting employment with them.

Roughly five years later, Ritchie Bros. terminated Mr. Finlan’s employment. He sued for wrongful dismissal, claiming pay in lieu of notice according to the common law of employment. The basis for his claim was his view that the severance clause in the employment contract was unconscionable and, therefore, unenforceable.

 The Court first emphasized that an employer is free to contract with employees for a notice period which is less than what the common law would provide (as long as it at least meets the statutory minimums). Avoiding the common law obligations is, of course, is the whole point of putting a severance formula clause in an employment contract.

The Court then restated the elements which must be present in order to find that a contractual term is unconscionable:

  • there must be an inequality of bargaining power between the parties
  • the stronger party must have used its bargaining advantage; and
  • the result must be an agreement which is substantially unfair to the weaker party.

It is crucial to remember that these three elements of unconscionable agreements are conjunctive – they must all exist for the agreement to be unconscionable.

The Court determined the agreement between Mr. Finlan and Ritchie Bros. was not unconscionable. It noted he was an experienced IT manager familiar with the industry, he was not in a vulnerable position when he accepted employment: any pressure he might have felt to sign the contract didn’t originate with Ritchie Bros., and they did not in any way coerce him to signing the contract.

Notably, the Court stated that it is not the employer’s obligation to point out the strengths and weaknesses of each contractual term in the contract of employment. It is sufficient if the employee has time to review the contract on his own, in the absence of any influence from the prospective employer, and has the opportunity to seek out advice about the implications of the contract.

The Court concluded that the terms of the contract were clear and unambiguous, Mr. Finlan signed the contract with full knowledge of what was being offered, and he did so without any form of pressure from Ritchie Bros. As a result, Mr. Finlan’s claim for damages under the common law was dismissed.

However, this case brings up an interesting side-note. Notwithstanding the clause in Mr. Finlan’s contract calling for only five weeks pay in lieu of notice, Ritchie Bros. actually offered (and paid) Mr. Finlan six months’ salary upon termination of his employment.

Even this gratuitous payment wasn’t enough to dissuade Mr. Finlan from suing (and claiming Ritchie Bros. had treated him with bad faith!). It just goes to show that, sometimes, even treating people with civility, courteousness and professionalism isn’t enough.

Read also:

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Length of Tenure Influences Notice Entitlement https://www.bcjobs.ca/blog/length-of-tenure-influences-notice-entitlement/ Wed, 25 Feb 2015 13:46:00 +0000 https://www.bcjobs.ca/hr-advice/length-of-tenure-influences-notice-entitlement/ How much notice do employees legally need before you can lay them off? Although many people think two weeks is the legal standard, Canadian common law for employment outlines termination notice in detail.

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Length of tenure

How much notice do employees legally need before you can lay them off? Although many people think two weeks is the legal standard, Canadian common law for employment outlines termination notice in detail. If you don’t want to give employees working notice, you need to pay them the equivalent wages – also known as severance pay or pay in lieu of notice.

When you give an employee notice of a lay off or termination, this provides time for the employee to look for a new job. How much notice you need to give largely depends on four factors: the employee’s age; length of service; type of position; and the availability of similar employment.

Arguably, the most important factor is length of service. But figuring out length of service can be more difficult that it might seem. It’s particularly tricky when the employee worked for you for two or more discrete periods. In those instances, the employee often demands working notice (or severance pay) based on the combined length of the periods of service.

The employer will often oppose that method of calculation, insisting that only the most recent service should be counted. The courts are often asked to resolve this stalemate.

This same debate also comes up when the employment has been continuous but at some point the business was sold to a new owner. The employee will demand working notice (or severance pay) based on the entire period of service, not just the portion while serving the successor owner.

Of course, the successor owner will only want to provide notice or pay based on the period of time that it has owned the company. However, the courts usually offer little sympathy for that point of view. In fact, a recent BC Supreme Court case covered this sort of dispute.

Judy Perkins was a dental assistant who had worked for a dentist for approximately 23 years. At that point the dental practice was sold to a new owner, Donald Shuen. Some elements of Perkins’ employment changed under the new owner, but for the most part she continued to perform the same duties.

Six months later, Shuen terminated Perkins’ employment. Perkins sued for wrongful dismissal, seeking to use her entire period of employment as a basis for determining her entitlement to pay in lieu of notice.

Shuen took the position that the business was insolvent when he took it over and that the prior dentist had expressly terminated her employment when the practice was sold. Shuen argued that Perkins’ notice entitlement should be based on only six months of service.

The BC Supreme Court rejected Shuen’s view of the sequence of events. The Court cited the implied understanding that employees are given credit for years of past service when a business is purchased. This implied understanding applies unless the successor owner expressly negates that implied term.

Notably, there was no evidence the former owner had ever expressly terminated Perkins’ employment. When asked by Perkins whether her employment was to be terminated, the prior owner indicated that technically she would be terminated and then rehired but that, practically, nothing would change.

The Court had little trouble concluding that Perkins should be given credit for her entire period of service, including the 23 years spent with the former employer. In doing so, it relied heavily on the implied term that employees continuing in the service of a purchased business will be given credit for past years of service.

Although not cited in that decision, the Employment Standards Act also affects these situations. The Act states that if all or part of a business or its assets is sold, the employment of employees of the business is deemed to be continuous and uninterrupted by the sale.

This further strengthens the conclusion that employees continuing in employment with a purchaser of a business are entitled to credit for all their years of service. It may also serve to negate any contractual terms to the contrary.

The combination of the common law rule (presuming that employees are to be given credit for past service) and the statutory rule (deeming the employment to be continuous) means the successor employer has a difficult challenge in avoiding liability for the employees’ entire period of service.

So how can you, as a successor employer, protect yourself against this liability? The only sure way is to negotiate protective terms into the agreement to purchase the business. This can be achieved by obtaining a binding indemnification from the vendor against such costs.

Better yet, you can negotiate to temporarily retain part of the purchase price to fund the costs of terminating employees soon after the purchase occurs. Either way, it’s an issue best addressed at the time the purchase of the business is negotiated.

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Canada’s Express Entry https://www.bcjobs.ca/blog/canadas-express-entry/ Wed, 18 Feb 2015 19:01:39 +0000 https://www.bcjobs.ca/hr-advice/?p=1123 Table of Contents The Process Canadian Employers Existing Work Permit Holders ITA Draws Effective January 1, 2015, Citizenship and Immigration Canada (CIC) introduced a new skilled immigrant intake system—Express Entry (EE). Originally called Expression of Interest, it is modelled after New Zealand’s immigration system. Though little has changed regarding the categories and criteria, what has […]

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Canada's Express Entry

Effective January 1, 2015, Citizenship and Immigration Canada (CIC) introduced a new skilled immigrant intake system—Express Entry (EE). Originally called Expression of Interest, it is modelled after New Zealand’s immigration system.

Though little has changed regarding the categories and criteria, what has changed is the application assessment and management system. As such, Canada still chooses its skilled immigrants on the basis their economic viability assessed by four main factors: language, education, work experience and skill transferability. Potential immigrants who qualify in this stream can apply as: Federal Skilled Worker, Federal Skilled Trades, Canadian Experience Class and Provincial Nominees.

The Process

To be considered for Express Entry, a potential immigrant submits an online profile in the EE pool with their personal qualifications for ranking. Based on the calculations, the profile is ranked against others in the EE pool to a maximum of 1200 points.
A candidate can obtain points in the following areas: human capital/spousal factors (500), skill transferability (100) and job offer (600). CIC will then issue Invitations to Apply (ITA) to candidates drawn from the active profile pool. Candidates who receive an ITA have 60 days to complete the rest of their CIC application. Only those who have an ITA will be able to apply for permanent residency. Candidate EE profiles remain valid in the pool until they are selected or for up to one year.

Canadian Employers

Another feature of Express Entry is candidate job matching through the Canada Job Bank. Canadian employers who cannot find suitable Canadians for their jobs will be able to hire and support a foreign national to immigrate to Canada. The EE profile also enables the applicant to search for Canadian jobs while being visible to employers looking in the Job Bank for would-be job seekers. This employment module is planned for launch later in the spring of 2015.

Existing Work Permit Holders

Under the Express Entry system, only those with ITA’s can apply as skilled immigrants. Those foreign workers who received work permits through various international agreements such as NAFTA or a working holiday program will not qualify unless they have a validated permanent job offer. These foreign workers will require employer assistance in the form of the Provincial Nomination or Labour Market Impact Assessment (LMIA) to obtain the 600 job offer points for their eligibility profile. These are vetted and approved through a third party government agency, and they both have different requirements to meet. In the case of the LMIA, the employer must conduct a full scale (in Canada) recruitment for the position.

ITA Draws

The ITA pool will be constantly refreshed and continually updated with new applicant entries and hopefully the policy makers will be looking at practical considerations from different angles. CIC announced its first ITA picks for Express Entry this past weekend; those with 886 points received the invitation to move forward on their permanent residency application to Canada.

As with any new government initiative, the real life scenarios and practicalities will take time to unfold. There still isn’t a lot of information available. However, it will be tougher to get a high EE score without a validated job offer. Perhaps the future draws will be adjusted to account for those who currently possess different kinds of valid temporary work permits. For now, Canadian employers will need to assist their existing foreign workers to immigrate with a LMIA or Provincial Nominee application. (ultracold.fuw.edu.pl)

Express Entry isn’t the fastest way to permanent immigration for everyone, just those who have an Invitation to Apply.

Amelia Chan is the founder of Higher Options Consulting, a boutique HR and immigration firm. Amelia is a CHRP and RCIC who uses her HR and entrepreneurial experience to create practical operational solutions. She is a regular contributor to the HRMA publication, PeopleTalk.

BCjobs.ca and TheJobCentre.ca can help you with your job posting needs. Every job posted includes a customized letter confirming your posting, offering proof of your advertisement to satisfy current LMIA requirements.

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Severance Pay in BC https://www.bcjobs.ca/blog/severance-pay-in-bc/ Wed, 18 Feb 2015 02:11:38 +0000 https://www.bcjobs.ca/career-advice/?p=723 After three months of consecutive employment an employee may be eligible for compensation, written working notice, or a combination of the two as follows: After three months – one week After 12 months – two weeks After three years – one week for each completed year of employment, to a maximum of eight weeks No […]

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After three months of consecutive employment an employee may be eligible for compensation, written working notice, or a combination of the two as follows:

  • After three months – one week
  • After 12 months – two weeks
  • After three years – one week for each completed year of employment, to a maximum of eight weeks

No severance pay is required when an employee quits, retires or is terminated for just cause. It is up to the employer to show termination was for just cause.

Additional notice or pay is required if 50 or more employees are terminated within a two-month period at a single location.

Factsheet: Termination of Employment

Reprinted from http://www.labour.gov.bc.ca/esb/esaguide/#2

 

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Minimum Wage in BC https://www.bcjobs.ca/blog/minimum-wage/ Tue, 22 Jul 2014 02:26:18 +0000 https://www.bcjobs.ca/career-advice/?p=736 British Columbia will end a three-year freeze on the minimum wage with a 2-per-cent hike in September, giving the province’s lowest-income earners an additional 20 cents per hour, or enough for a cup of coffee after an eight-hour shift. The minimum wage in British Columbia is as follows: May 1, 2011 – $8.75 per hour; […]

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British Columbia will end a three-year freeze on the minimum wage with a 2-per-cent hike in September, giving the province’s lowest-income earners an additional 20 cents per hour, or enough for a cup of coffee after an eight-hour shift. The minimum wage in British Columbia is as follows:

May 1, 2011 – $8.75 per hour;
November 1, 2011 – $9.50 per hour;
May 1, 2012 – $10.25 per hour;
September 15, 2015 – $10.45 per hour.

Minimum wage applies to all employees regardless of how they are paid – hourly, salary, commission or other incentive basis. Salespersons on straight commission must be paid at least minimum wage for all hours worked in a pay period.

Minimum wage rates for live-in home support workers, resident caretakers and farm workers who hand harvest certain fruit and vegetable crops are set out in the Employment Standards Regulation.

Employees who serve liquor are entitled to the liquor server minimum wage. Tips or gratuities are not wages.  Employees must be paid at least minimum wage in addition to any tips or gratuities they receive. The liquor server minimum wage is as follows:

May 1, 2011 – $8.50 per hour;
November 1, 2011 – $8.75 per hour;
May 1, 2012 – $9.00 per hour;
September 15, 2015 – $9.20 per hour.

Factsheet: Minimum Wage

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