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British Columbia

Clause that required veterinarian to pay former employer if she set up practice in same area enforceable

Jurisdiction: - British Columbia

In Rhebergen v. Creston Veterinary Clinic Ltd., 2014 BCCA 97, the majority of the BC Court of Appeal ruled that a non-compete type clause in an employment agreement that required a veterinarian to pay her former employer prescribed amounts if she set up her own practice in the same area within a three year total period, was enforceable.

The headnote / summary of the case is as follows:  read more »

BC introduces bill to amend new Pension Benefits Standards Act

Topics: - Pensions
Jurisdiction: - British Columbia

The BC Government issued the following news release yesterday (February 19, 2014):

VICTORIA - Amendments to the new Pension Benefits Standard Act clarify elements of the original act and help ensure the legislation will be ready for proclamation later this year, Finance Minister Michael de Jong announced today.

Today's amendments are primarily technical corrections, including:  read more »

Female employee was participant / instigator of crude, ongoing sexual banter; harassment complaint dismissed

Jurisdiction: - British Columbia
Sector: - Retail Trade

In Kafer v. Sleep Country Canada and another (No. 2), 2013 BCHRT 289, the BC Human Rights Tribunal ruled that a female employee was participant in, and instigator of, crude and ongoing sexual banter and therefore dismissed her sexual harassment complaint against her employer, Sleep Country Canada.

In reaching this conclusion, the Tribunal Member stated the following:

[32] The Supreme Court of Canada has defined sexual harassment as "unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victims of the harassment": Janzen v. Platy Enterprises Ltd. (1989), 10 C.H.R.R. D/6205 at D/6227.

[33] In Mahmoodi v. University of British Columbia, [1000] B.C.R.T.D. No. 52 (Q.L.) the Tribunal set out the test for whether conduct is unwelcome. It stated:  read more »

WorkSafeBC announces latest administrative penalties imposed on British Columbia employers

Jurisdiction: - British Columbia

WorkSafeBC issued a news release today concerning the latest administrative penalties imposed on employers. Of note:  read more »

WorkSafeBC approves 3 new OHS workplace bullying and harassment policies to be effective November 1, 2013

Jurisdiction: - British Columbia

WorkSafeBC has recently added the following announcement to its website:

At its March 2013 meeting, WorkSafeBC's Board of  Directors approved three new OHS workplace bullying and harassment policies:

  • Employer Duties - Workplace Bullying and Harassment - D3-115-2
  • Worker Duties - Workplace Bullying and Harassment - D3-116-1
  • Supervisor Duties - Workplace Bullying and Harassment - D3-117-2

The Board of Directors' resolution is available for reference.

Sections 115, 116 and 117 of the Workers Compensation Act set out the general duties of employers, workers, and supervisors respectively. The new policies have been developed to clarify the obligations of employers, workers, and supervisors regarding preventing, where possible, or otherwise minimizing workplace bullying and harassment.  read more »