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BCjobs Blog

Employment Law

May 21st, 2012

Managing The Risk of Constructive Dismissal

Managing The Risk of Constructive Dismissal

In this period of economic decline, many employers are faced with the need to restructure their workforce. Unfortunately, imposing unilateral changes upon employees raises the risk of constructive dismissal claims.

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April 27th, 2012

Five things managers need to know

Five things managers need to know

Employers commonly give department managers the authority to make employment-related decisions for their own staff. Even when a company has an in-house human resources expert, decisions with legal implications may be made at the department level.

But department managers typically will not be fully trained in employment law. So, are there some basic concepts they can learn which will give their company the prospect of avoiding legal complaints?

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February 1st, 2012

Write Your Own Reference Letter

Write Your Own Reference Letter

When employers and their former employees are trying to settle disputed issues arising out of a termination of employment, there are many monetary factors to address. Perhaps surprisingly, it isn’t always the money which is the stumbling block to reaching a settlement.
A very important aspect to any part of a settlement for a departing employee is receiving a reference letter. Often, the employee will insist on getting a reference letter and the employer will be reluctant to provide it.

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December 20th, 2011

Ten Policies Every Employer Needs

Ten Policies Every Employer Needs

The range of policies which might be contained in an employee handbook is really unlimited. There are, however, certain core policies every employer should implement.
The list starts with a harassment policy. This policy sets out the employer’s stance forbidding workplace harassment (including sexual harassment and other forms, such as bullying). It should also provide a complaint resolution process and define the range of disciplinary measures which may be imposed on the offender.

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November 23rd, 2011

Controlling Seasonal Party Alcohol Consumption

Controlling Seasonal Party Alcohol Consumption

It’s that time of year when good boys and girls start looking ahead to receiving gifts and their parents anticipate the seasonal office party. Controlling alcohol consumption at those parties substantially increases the odds of parents, and their employer, having a happy and healthy holiday season.

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November 1st, 2011

Background Checks Using Social Media Sites

Background Checks Using Social Media Sites

If you’re a person who wants to find information about another person, where better to start your search than online locations such as Facebook, Twitter, or any of two hundred or so other social media sites? And if you’re an employer who wants to find out about a candidate’s background, why wouldn’t you take advantage of the same online sources?

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May 26th, 2011

Who’s Computer is it Anyway?

Who's Computer is it Anyway?

In today’s workplace, many employers provide their staff with electronic devices with which to perform duties. From cellular telephones to laptop computers, these are now tools of the trade for many occupations.
Most employers would, I believe, assert that the technology they provide to their employees is the company’s property and is to be used strictly for work-related purposes. The reality of their employee’s use of the employer’s technology may be entirely different.

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April 12th, 2011

Too Much, Too Soon or Too Little, Too Late

Too Much, Too Soon or Too Little, Too Late

Few things seem to stir the pot in B.C. as much as discussion about raising the minimum wage rate. Now, it’s much more than a discussion as B.C.’s new premier has instituted a graduated raise in the minimum wage from $8.00 per hour to $10.25.
I’ve read reviews of this long-awaited increase which variously describe it as “too much, too soon” and “too little, too late”. That shows just how polarized parts of the business community and the labour movement are on this topic.

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January 26th, 2011

When Terminating for Cause, Measure Twice and Cut Once

When Terminating for Cause, Measure Twice and Cut Once

It is a rare employer who is not aware of its employees’ entitlement to reasonable working notice of termination (or pay in lieu thereof). At the same time, it also seems to be a rare employer which has a full grasp of the other costs which can arise upon termination.
That is perhaps because most employees who are terminated (on a without cause basis) are owed little more than some pay in lieu of notice at the time of termination. A smaller category of employees has a range of other entitlements and these can be quite valuable.

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December 21st, 2010

To Sue or Not to Sue?

To Sue or Not to Sue?

Seven in ten HR managers believed that employees are more likely to bring legal action against former employers than they were five years ago, and four out of five think the situation will worsen in the next five years. Most HR managers felt that the courts were more disposed to support the employee, a perception that prompts many companies to settle disputes out of court.

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