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Human Rights Tribunal: Injury to dignity awards on the rise in BC

According to a newly released decision from the Human Rights Tribunal, injury to dignity awards are trending upwards in BC. In a May 10, 2019 decision, indexed at 2019 BCHRT 97, the Tribunal found that the complainant had been the victim of multiple unwanted sexual advances from her employer. After ...
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/ Human Rights Code

Stay of execution denied during wrongful dismissal appeal

A defendant's application for an order staying the execution of a wrongful dismissal judgment while it appealed was dismissed because the defendant did not have the funds available to secure the judgment. After trial, the defendant had been ordered to pay $48,305 in damages plus $11,000 in costs. The defendant ...
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Special costs may be awarded in Fast Track actions

Summary: Special costs may be awarded in Fast Track actions as an exception to the usual Fast Track cost formulas Background: With respect to costs in Fast Track actions, Rule 15-1 says: Costs(15) Unless the court otherwise orders or the parties consent, and subject to Rule 14-1 (10), the amount ...
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/ Civil Procedure

Government announces proposed amendments to the BC Employment Standards Act

On April 29, 2019, BC's Labour Minister Harry Bains tabled a new bill that proposes to revamp parts of the Employment Standards Act. Bains described the bill as focusing on four main areas of reform: Protecting child workers by having laws that comply with the international standards for child labour;Modernizing ...
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/ Employment Standards

BC Employment Standards Act breaches cannot be pursued through civil actions

Belanger v Tsetsaut Ventures Ltd., 2019 BCSC 560 Summary: Claims founded on breaches of the BC Employment Standards Act must be addressed using the enforcement mechanisms set out in the Act. Background: A group of employees brought a civil action against their former employer in BC Supreme Court. The employees ...
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BC Supreme Court enforces awkwardly worded termination clause

In Johnson v. IBM Canada Ltd. (2019 BCSC 592), the BC Supreme Court determined that a termination clause was enforceable despite some awkward wording. The termination clause - found in the plaintiff's employment contract - was worded as follows: Termination of Employment If you are terminated by IBM other than ...
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/ Employment Litigation

Increased Time Limit for Filing Human Rights Complaints

Effective November 27, 2018, the time for filing Human Rights Code complaints increased from 6 months to 1 year. The changes apply to any claims not yet filed, but also to claims that had previously been filed that had not yet been dismissed as late. Sources: Bill 50 - 2018: ...
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/ Human Rights Code

Minimum wage set to increase over next four years

Minimum wages in for most employees in BC are set to rise for each of the next four years. The general minimum wage will increase every June 1st until 2021, when it will pass $15/hour for the first time in BC. The new minimum wages will increase from $11.35: June ...
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/ Employment Standards
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