Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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British Columbia’s Pay Transparency Act Comes into Force

New Legislation Enacted

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler LLP

On May 11, 2023, British Columbia, Canada’s Bill 13, Pay Transparency Act (Act), received Royal Assent and came into force with the exception of Section 2 of the Act. Section 2, which addresses the employer’s obligations regarding publicly advertised job opportunities, comes into force on November 1, 2023.

Unilateral Dismissal of Employee is Constructive Dismissal Unless Contract Provides Otherwise

Precedential Decision by Judiciary or Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler LLP

In Pham v. Qualified Metal Fabricators Ltd., 2023 ONCA 255, the Ontario Court of Appeal found that unless an employee’s employment contract provides otherwise, via an express or implied term, an employer’s unilateral layoff of an employee will constitute constructive dismissal, even when the layoff is temporary.

Over $200K in Damages When Employer Manufactures Just Cause for Termination

Precedential Decision by Judiciary or Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler LLP

In Chu v. China Southern Airlines Company Limited, 2023 BCSC 21, the court held that an employer that attempted to manufacture just cause for the termination of a vulnerable employee breached its duty of good faith and fair dealing. The employee was awarded over $200,000 in damages; $58,053 in damages for wrongful dismissal, $50,000 for aggravated damages, and $100,000 for punitive damages.

Employer Justly Terminated Remote Worker's Employment for Time Theft

Precedential Decision by Judiciary or Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler LLP

In Besse v. Reach CPA Inc., 2023 BCCRT 27 the British Columbia, Canada Civil Resolution Tribunal (Tribunal) found the employer had just cause for terminating a remote worker’s employment for time theft. The time-tracking program it had installed on the employee’s work laptop revealed that 50.76 unaccounted hours were recorded on her timesheets and the Tribunal ordered the employee to compensate the employer for the theft of the unaccounted-for hours.

Alberta Court Recognizes New Tort of Harassment

Precedential Decision by Judiciary or Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler LLP

In Alberta Health Services v. Johnston, 2023 ABKB 209, the Court of King’s Bench of Alberta recognized a new tort of harassment. It remains to be seen whether other Canadian courts will revisit their previous rejection of a harassment tort, and whether any court will find employers vicariously liable for such behavior.