Quick Answers to Common Questions: Calculating Stat Holiday Pay

In the first of a line of articles I’m calling Quick Answers to Common Questions, today I’m going to have a look at properly calculating statutory holiday pay under the BC Employment Standards Act.

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Easing the Burden of Proof on Failure to Mitigate? : Logan v. Numbers Cabaret Ltd.

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In any wrongful dismissal lawsuit, you are almost certain to find the defence that the worker “failed to mitigate” their losses. In common terms, this little bit of legalese suggests that the worker failed to take reasonable steps to find comparable employment, and as a result, they should be awarded less damages for their termination. While often pled, arguments on the failure to mitigate often fall flat. The reason for this is that it’s been the employer’s responsibility to demonstrate that a worker has failed to mitigate, or in the words of the Supreme Court of Canada: “i) the employer bears the onus of demonstrating both that that an employee has failed to make reasonable efforts to find work and ii) that work could have been found”: see Evans v. Teamsters, Local 31, [2008] 1 S.C.R. 661. This can be extremely difficult to do.

However, a recent BC Supreme Court decision may suggest that the onerous task of proving a mitigation defence is easing. Continue reading “Easing the Burden of Proof on Failure to Mitigate? : Logan v. Numbers Cabaret Ltd.”

Probationary Periods – Are they Legal in Canada?

Probationary periods in employment… for  something seeming so simple,  they still cause a lot of confusion, and employees and employers alike are frequently mistaken about the legality of probationary periods and how they apply to the non-unionized worker. Employees who are terminated during probationary periods often accept their lot without ever receiving legal advice, while employers often terminate ‘probationary’ employees without providing any compensation, only to be surprised by a demand letter or civil action claiming wrongful dismissal.

So where do these challenges come from? And how can they be remedied?

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Pets: A Workplace’s Best Friend?

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Research shows that, in addition to happier, healthier employees, pet-friendly employers also witness reduced absenteeism, increased productivity and creativity, a greater willingness to work late, and improved talent attraction and retention. A number of high-profile companies, like fellow B Corps Hootsuite and Etsy, have taken this research to heart and adopted “dog-friendly” policies.

Continue reading “Pets: A Workplace’s Best Friend?”