Kent Employment Law
1285 Broadway W # 560 V6H 3X8 Vancouver, BC, Canada

Do an employee's intentions matter when it comes to deciding whether a verbal resignation is valid? Find out in lawyer Sean Marzinzik's latest blog post. https://bit.ly/3gnX3s7... #dismissal #termination #resignation #BCcourts #employmentlaw

As it faces a potential $400 million class action lawsuit in Ontario on the issue of driver classification, Uber last month announced what it called a modern approach to supporting app-based workers. Find out what employment lawyer Fiona McFarlane had to say about Uber’s so-called flexible work plan in this week’s issue of Business in Vancouver. https://bit.ly/3rTBDVx... #gigeconomy #employmentlaw #labourlaw #benefits #independentcontractor

According to one CBC columnist, "if provincial governments change their labour laws in line with Uber's proposal, they will cement the notion that gig workers are not employees and that they can be denied a minimum wage, sick days, access to employment insurance, and the same rights and protections as most other workers." https://bit.ly/3udpgVX #gigeconomy #labourlaw #employmentlaw #uber #workersrights

Saskatchewan has introduced a three-hour paid leave to allow workers to get vaccinated on company time, and labour and employment advocates across the country have been lobbying for similar programs. In the meantime, some private companies like Starbucks are filling the gaps. https://bit.ly/3ftaSoj

Several years ago, we wrote a blog post on what we termed the perils of unpaid internships. The topic was particularlytopical at the time (2014), as the Canadian Press then reported that unpaid internships were on the rise in Canada, with some organizations estimatingas many as 300,000 people currently working for free at some of the country’s biggest, and wealthiest, corporations. Recently, we’ve received a number of questions from employers about hiring volunteers. Gi...ven this, and the similar issues that arise with interns and this category of worker, we decided it was time to update our post to cover both these types of free labour. Take a look! http://bit.ly/31kMRrD #internship #volunteer #employment #employmentstandards #minimumwage

"The chaos of watching employees juggle school closures, virtual learning, quarantines and their jobs could lead to more empathetic workplaces." http://bit.ly/3lq3P0W #workfromhome #WFH #COVID19 #gender #workplacewellness #employeeretention #HR #humanresources

According to a recent analysis, "nearly 100,000 working-age Canadian women have completely left the workforce since the pandemic started, which means they aren't even trying to get a job any more. The figure for men is more than 10 times smaller a sign that on the whole, they are not feeling quite so gloomy about their prospects." http://bit.ly/2NIJnvK #COVID19 #gender #pandemic #work #employment #workplace

According to a senior policy analyst with the Business Council of BC, not only is staying home attractive for some workers, it can also benefit employers, allowing them to downsize and reduce their overhead. http://bit.ly/3lj8Xng #WFH #remotework #COVID19 #postpandemic #worklifebalance

We haven't listened to the podcast yet, but this excerpt from the description certainly caught our eye: "Cal Newport is a computer scientist at Georgetown and the author of books trying to figure that out. At the center of his work is the idea that the technologies billed as offering us more productive, happier, socially rich lives have left us more exhausted, empty and stressed out than ever. He’s doing something not enough people do: questioning whether this was all worth ...it." http://nyti.ms/3kQEHjG #digitalage #technology #worklifebalance #productivity #workplacementalhealth

For our February Employer Forum, we turned our attention to workplace policies: What are they, why do you need them, and how should you put them into place? KEL lawyers Fiona McFarlane and Stephanie Cousineau led the discussion, which included a review of the relevant legislation and certain key common law principles, and an introduction to best practices for creating bullying and harassment, social media, privacy and WFH policies. For those of you who weren’t able to make ...it, visit our blog for a few key takeaways: http://bit.ly/2NO2LYm #privacy #SocialMedia #BullyingandHarassment #workfromhome #wfh #HR #humanresources #employers #WorkplacePolicies #employmentlaw #humanrights

"It turns out that many aspects of our pandemic lives could lead to impaired executive functioning, which is a fancy way of describing the mental processes that allow us to plan, organize and remember instructions." https://nyti.ms/3bCbiFz #multitasking #worklifebalance #covid19 #burnout

"As global demand for personal protective equipment (PPE) surges during the pandemic, so has the human cost for those making it overseas, an investigation by CBC's Marketplace has found."

Our February newsletter is out! http://bit.ly/3up9ecw #COVID19 #employmentlaw #EmploymentContracts #bclawyers #humanrights #humanresources #businessowner #happy #employers #employees

"In 2018, Iceland introduced the first policy in the world that requires companies and institutions with more than 25 employees to prove that they pay men and women equally for a job of equal value... Both workers and managers have reported that this job evaluation tool improves the work environment and increases women’s trust in their employers and wage policies. But how exactly does it do that? And can its success be replicated?" http://bit.ly/38poi0M... #workplaceequality #GenderPayGap #sustainableemployment

We are delighted to introduce the newest member of our team, Lawyer Blake Storey! Blake has a unique combination of drive, ambition and kindheartedness a mix that makes him ideally suited for the complex, people-centered world of employment law. Able to focus simultaneously on the means and the end, Blake skillfully guides his clients from problem to resolution without ever losing sight of the human side of workplace conflict. To learn more about Blake, visit our website!... http://bit.ly/3qKq0jW #team #Kelowna #BClawyers #Vancouver

It might seem like sound business practice for an employer to include a non-competition clause in an employment contract; in principle, however, these clauses often violate public policy as they can prevent people from earning a living. While such provisions are legally permissible, employers wishing to impose a non-competition covenant on their employees must make sure that the clause is drafted properly and precisely, otherwise it will be at risk of being struck down in th...e courts. Lawyer Ryan Macklon provides an overview of the key elements of a non-competition clause and explains when the courts are likely to find them invalid and therefore unenforceable. Take a look! http://bit.ly/3avDx9I #employmentlaw #noncompete #EmploymentContracts #BCCourts #businessowner #management

"Over a third of the top 100 CEOs of 2019 were found to have ran companies that applied for and received payroll support in 2020 through the federal government’s Canada Emergency Wage Subsidy (CEWS), while about half of that 100 was expected to either retain their compensation or see a raise during the pandemic due to the stock market boom." http://bit.ly/3t42pfK #wagegap #covid19canada

An office-based worker had no option but to resign from her job during the first Covid-19 lockdown after her employer rejected her plea to work remotely from home, according to Ireland's Workplace Relations Commission (WRC).

As the COVID-19 vaccination becomes more widely available across the country, many Canadian employers are wondering: can I require that my workers get vaccinated? And what are my options if they refuse? In today's video, lawyers Simon Kent and Stephanie Cousineau discuss this timely and hotly-debated topic. Take a look! #covid19 #vaccine #workplace #humanrights

With COVID-19 vaccines expected to reach the masses in July, questions are being raised as to whether employers in B.C. will take a step further and require worker immunization. As Kent Employment Law’s David Mardiros explains to Sarah Grochowski of the Surrey Now-Leader Newspaper, the issue isn’t a new one it’s come up in B.C. arbitrations at least twice. Find out what else David had to say on this extremely timely topic here: http://bit.ly/3iPSkyq... #COVID19 #vaccinecovid19

Many Canadians have been eagerly watching the news regarding the development, approval and distribution of COVID-19 vaccines. One question that we've heard repeatedly this year from workers in BC is: Can my employer require me to wear a mask while at work? What if I have been vaccinated? Lawyer Sean Marzinzik has the answer on our blog - take a look! http://bit.ly/2LIoBuR... #COVID19 #employmentlaw #workplace #mask #vaccine

"According to Statistics Canada, one in four arts workers lost their job this past year due to the pandemic. Of the total Canadian jobs lost in 2020, 11 per cent were arts, entertainment and recreation jobs." http://bit.ly/2Ygy4fM #COVID19 #artsworkers #pandemic

Meet our Okanagan colleague, David Mardiros!

This piece came out a couple of weeks ago, but still worth sharing: "The shortcomings in EI, flagged for years by experts, have been exposed by the pandemic, including that not every worker is covered, nor can everyone who is covered get benefits when they need them." https://bit.ly/3nzTVtb

Even though the times are strange and challenging, and most of us are working from home, we couldn't let the holidays pass without trimming the KEL tree. Thanks to the team for their Zoom support with the decorating! #holidayfeels #virtualreality #notsurewhereweputthetreeskirt

Welcome to the team, Hailey, we are so happy you've joined us!

So happy to officially welcome Kelowna lawyer Sean Marzinzik to our team!!

Once a COVID-19 vaccine is available, will employers be able to require that employees be immunized? Find out what Kent Employment Law's Stephanie Cousineau had to say about mandatory vaccination in today's Times Colonist: https://bit.ly/377CmLM #Employmentlaw #employeerights #COVID19 #vaccine

Workplace investigations can be anxiety-producing for everyone involved: the complainant, the subject of the complaint and even the employer. With this in mind, employment lawyers Fiona McFarlane and Stephanie Cousineau demystify the process and reassure viewers that they should expect fairness to prevail. Take a look! Have questions about your employment rights and responsibilities? Contact us [email protected] today. And don't forget to subscribe to our YouTube ch...annel! https://bit.ly/3n6aqNV #workplaceinvestigations #employeerights #bullyingandharassment #employmentlaw #fairness

Meet Sasha Tennant! Calm, cool and collected a cliché, perhaps, but also an accurate description of Sasha’s approach to her role as our billing coordinator. With over 15 years of office management, event coordination, and client support experience behind her, she entered the world of employment law with the ideal temperament of patience, empathy, and boundless energy. Outside of the office, Sasha is driven by a passion for public service. Her volunteer contributions are wid...e-ranging and include work with marginalized populations and disaster relief efforts. To learn more about Sasha and the work she does, visit our website. https://bit.ly/2TDe9W1

The Supreme Court of Canada recently considered the law surrounding constructive dismissal in its decision in Matthews v. Ocean Nutrition Canada Ltd. In this second installment in a multi-part blog series, lawyer Victoria Merritt explains how Matthews highlights the complexities and consequences of this often hard-to-prove employment law concept. Take a look!... https://bit.ly/35IqcY2 See more

It’s pretty commonly known that what’s discussed between you and your lawyer is meant to stay between the two of you. But what happens when you want to include a friend, a loved one, a second, just someone for support when you talk to your lawyer? Is your lawyer’s advice still protected by privilege when your conversation includes a plus one? Employment lawyer Stephanie Cousineau explains on our blog. https://bit.ly/3jdL3qI

Most of us have heard the term "employment standards" - but what does it actually mean? In this week's video, Kelowna lawyer Kim Darling explains the purpose of BC's Employment Standards Act and how employees can enforce their right to things like overtime pay under that legislation. Take a look! #employmentlaw #employeerights

Employment law enthusiasts in Canada had one more thing to be thankful for this weekend: the Supreme Court of Canada's unanimous decision, released October 9, in Matthews v. Ocean Nutrition Canada Ltd. The issue before the SCC related to the damages an employee is entitled to following a constructive dismissal, and included the tricky question of whether an employee is entitled to discretionary compensation, such as a bonus or other incentive payment, that becomes payable onc...e they are unemployed. In reaching its decision, the SCC solidified a number of key employment law principles, and left the door open for some new law. In the first of a series of blog posts on this important case, lawyer Victoria Merritt provides a brief summary of the facts that lead up to it and the conclusions reached by the SCC and courts below. Take a look! https://bit.ly/3jXbDWi

"Because CERB expired over the weekend, the new bill will need to pass quickly in order for Canadians to begin applying for the new benefits." https://bit.ly/2Gi87qH

"Many employers are asking their staff to make a gradual return back to the workplace. However, not all employees are ready to make the transition back." https://bit.ly/2RxVIRM

What motivates Kelowna's Terry Smy to come to work every day, and how does she like to spend her time away from the office? Meet Terry in this week's video and find out!

"I was fired for wearing an 'inappropriate outfit' to work," Bernier wrote in her (Human Rights) complaint. "This was the same outfit I was hired in." https://bit.ly/32zxZ9V

"One side is in favour of working from home, and the flexibility it affords. The other is saying the office is a fundamental place of work, essential for creative collaboration and staff development." https://bit.ly/2DZgkPw

Has it come to your attention that one of your employees is not actually doing the work they're being paid for? In this week's video, lawyers Kim Darling and Simon Kent explain the notion of "time theft", debate whether it's really a thing, and offer employers suggestions on how to deal with it.

What is doxing, and why is it something employers should be aware of? Employment lawyer Victoria Merritt explains in her latest blog post. Take a look: https://bit.ly/2QrsDXw

"Earlier this year, disclosures under the Canada Business Corporations Act showed that of 255 directors in S&P/TSX 60 companies, only 14 identified as a visible minority." https://bit.ly/3huNLYY

New benefits are being introduced and EI is being revamped. The CBC explains: https://bit.ly/2FUcbgz

"Most economists insist that while employment will bounce back after a sharp decline, the jobs that return will not be the same ones." https://bit.ly/2ElZ86Q

The federal government is extending the Canada emergency response benefit (CERB) by one more month and revamping the employment insurance program to allow more people to receive financial assistance during COVID-19. https://bit.ly/2EiGA7x