Archive for August 2012

Notice and Severance Requirements when Dismissing or Firing an Employee

Are you about to let an employee go? Are you certain that you understand your obligations with respect to notice, and severance pay in lieu of such notice? Generally, when an employee is let go without just cause, the employer must provide either advanced working notice of the termination or pay in lieu of such notice. Pay is lieu of notice is also known as severance.  An employer has the option of providing the employee with a combination of… Keep reading »

Severance Entitlement on Being Fired or Dismissed Without Cause

Have you just been dismissed or let go without cause? Are you entitled to severance? Generally, when an employee is let go without just cause, the employer must provide the employee either with advanced working notice   of the termination (which we will refer to simply as “notice” from here on in) or pay in lieu of such notice (also known as “severance”). An employer has the option of providing the employee with a combination of notice and severance. It should… Keep reading »

Overtime: Are You Paying Enough?

Are you paying your employees all the overtime to which they are entitled? As an employer, it is important that you are familiar with, and comply with, the overtime requirements set out in the Employment Standards Act. Failure to comply with the Employment Standards Act can result in a complaint being filed against you, a substantive payout to a disgruntled employee, and perhaps even a fine for contravening the Employment Standards Act. Overtime entitlements are applicable to the… Keep reading »

Overtime: Are You Being Paid Enough?

Are you receiving all of the overtime to which you are entitled? The requirements regarding overtime in British Columbia are set out in the Employment Standards Act. Overtime entitlements are applicable to the number of hours worked in a day or the number of hours worked in a week. Daily Overtime Overtime calculated on a daily basis is not payable on the first eight hours you work in a day. Once you have worked eight hours in a day,… Keep reading »

Employer Obligations under the Human Rights Code

Although you may not realize it, the Human Rights Code applies to employment, and governs your decision making with respect to your employees. The Code specifies that, as an employer, you cannot make any employment decisions based on the grounds of the race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age  unless that decision is based upon a bona fide occupational requirement.  You can’t even make employment… Keep reading »

Discrimination at Work – Rights and Remedies under the Human Rights Code

According to the Human Rights Code an employer cannot make decisions about an employee or prospective employee based on the grounds of the race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, age unless it can be called a “bona fide occupational requirement”.  You may be surprised to learn that this even extends to the employee having been convicted of a criminal or summary conviction offence that is unrelated… Keep reading »